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it 5; REMOTE, STORAG:e 
CHARTER 


OF THE 


CITY OF NEW ORLEANS 


Act 159 of the General Assembly of the State of Louisiana, 
Session of 1912, as expressly amended by acts of the Louisiana 
Legislature to and including the session of 1922. 


AN ACT 


To incorporate the City of New Orleans; to provide a Commission 
form of Government for the administration of the affairs of 
said city; to provide for an initiative, referendum and recall, 
and for the manner and mode of exercising and submitting 
same, and providing penalties for the violation of any of the 
provisions of this act in reference to same; to submit this act 
to the qualified voters of the City of New Orleans for their 
appoval or disapproval; to provide that if disapproved this act 
shall be non-operative; to call a special election for the purpose 
of taking the sense of said voters; to provide a special primary 
to nominate party candidates for municipal officers in the City 
of New Orleans to be elected in November, 1912, and for that 
purpose only to subordinate the general primary laws of the 
State to the special provisions of this act, and to repeal all 
laws and parts of laws in conflict herewith. 


CITY LIMITS 


Section 1. Be it enacted by the General Assembly of the State 
of Louisiana; that all the inhabitants of the Parish of Orleans, 
situated on the left bank of the Mississippi river, as now included 
within the following boundaries: Commencing at a point in the 
middle of the Mississippi river on the projected division line between 
the Parish of Orleans and the Parish of Jefferson, in the vicinity 
of Carrollton, and thence along the said projected line to the left 
bank of said river, and thence along the division line between the 
Parish of Orleans and the Parish of Jefferson to the south shore 
of Lake Pontchartrain, and thence to a point in the middle of Lake 
Pontchartrain on the projected said parish division line, and thence 
along the center of Lake Pontchartrain to the center of the Rigolets, 
and thence along the center of the Rigolets to Lake Borgne, and 
thence along the main shore of Lake Borgne, including all islands 
within one marine league distance thereof, to the center of Fisher- 
man’s Canal, and thence along the center of Fisherman’s Canal to 
the line of the south side of Florida Walk, and thence along the 
said line of Florida Walk to the lower line of the United States 
Barracks, and thence along the said line of the United States Bar- 
racks to the left bank of the Mississippi river, and thence to a point 


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BOOKSTACKS OFFICE 


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in the middle of the Mississippi river on the projected line of the 
said United States Barracks, and thence along the middle of the 
Mississippi river to the point of commencement; and all the inhabi- 
tants of the Parish of Orleans, situated on the right bank of the 
Mississippi River, as now included within the following boundaries: 
Commencing at a point in the middle of Mississippi river abreast of 
a point on the right bank of the said river established by the Board 
of State Engineers, opposite Ptolemy street, and thence to said point, 
and thence running as follows, viz.: South, 42 deg. 30 min.; east, 
4 miles and-about 1,080 ft.; and south, 3 deg. 10 min.; west, about 
620 feet. Thence along the back line of properties south, 57 deg.; 
east, 2,143 feet, 414 in.; north, 2 deg. 45 min.; east, 1,910 feet, 7 in.; 
south, 53 deg. 30 min.; east, 5,162 feet 2 in.; north, 6 deg. 15 min.; 
east, 4,932 feet 7 in. to township line, 1 mile, 188 feet, 934 in.; 
south, 76 deg.; east, 311 feet 414 in., to townishp line, 445 feet, 
10 in.; south, 72 deg.; east, 947 feet, 914 in.; south, 65 deg. 30 min. ; 
east, 955 feet to range line, 1,337: feet, 8 in.; south, 831/38 deg.; 
east, 860 feet, 6 in.; north, 61 deg. 7 min.; east, 524 feet, 7 in. to 
range line, 1,366 feet, 6 in.; south, 81 deg. 15 min.; east, 2,368 feet, 
6 in. to range line, 4,383 feet, 2 in.; south, 61 deg. 53 min.; east, 
114 miles and about 2,770 feet, 2 in.; south, 31 deg. 35 min.; east, 
114 miles and 2,163 feet to line of Jeanne Lassalles, and thence to a 
- point in the middle of the MiSsissippi river on a projection of the 
said line, and thence through the center of the Mississippi river 
to the point of commencement; are hereby created a body cor- 
porate and established as a political corporation by the name of 
“The City of New Orleans,” with the following powers: 


GENERAL POWERS OF CITY 


(a) It shall have perpetual succession, and shall own, possess 
and hold all property, real and personal, theretofore owned, pos- 
sessed or held by the said City of New Orleans, and shall assume, 
manage and dispose of all trusts in any way connected therewith ; 


(bo) It shall succeed to all rights and liabilities and shall acquire 
all benefits, and shall assume anc pay all bonds, obligations and 
indebtedness of said City of New Orleans; by that name may sue » 
and defend, plead and be impleaded, in all courts and places, and in 
all matters and proceedings; may have and use a common seal 
and alter the same at pleasure; may purchase, receive, hold and 
enjoy, or sell and dispose of, real and personal property. 


(c) It may receive bequests, gifts and donations of all kinds 
of property in fee simple, or in trust for public, charitable, or other 
purposes; and do all things and acts necessary to carry out the — 
purpose of such gifts, bequests and donations, with power to man- 
age, sell, lease or otherwise dispose of the same in accordance with 
the terms of the gift, bequest or donation; 

(d) The legislative, executive and judicial powers of the city 
shall extend to all matters of local and municipal government, it 
being the intent thereof, that the specifications of particular powers 


Bal re 


by any other provision of this charter shall never be construed as 
impairing the effect of the general grant of powers of local govern- 
ment hereby bestowed; 

(e) The city shall also have all powers, privileges and functions 
which, by or pursuant to the Constitution of this State, have been, 
or could be, granted to or exercised by any city; 

(f) All powers of the city shall, except as otherwise provided 
in this charter, be vested in its elective officers, subject to distri- 
bution and delegation of such powers as provided in this charter or 
by ordinance. 


WARDS AND MUNICIPAL DISTRICTS 


Section 2. Said city shall be divided into the following wards 
and municipal districts, to-wit: 

First Ward, First Representative District, bounded as follows 
—viz.: Commencing at a point in the middle of the Mississippi river 
on the projected line of the center of Thalia street, and thence 
along the said projected line to the center of Thalia street on the 
left bank of said river, and thence along the center of Thalia street 
to the intersection of Claiborne Canal, and thence along the center 
of Claiborne Canal to the center of Felicity road, and thence along 
the center of Felicity road to the left bank of the Mississippi river, 
and thence to a point in the middle of the Mississippi river and the 
projected, line of the center of Felicity road, and thence along the 
center of the Mississippi river to the point of commencement. 

Second Ward, Second Representative District, bounded as fol- 
lows—viz.: Commencing at a point in the middle of the Mississippi 
river on the projected line of the center of Julia street, and thence 
along the said projected line to the center of Julia street on the 
left bank of said river, and thence along the center of Julia street 
to the center of the New Basin Canal, and thence along the center 
of the New Basin Canal to the center of Carrollton avenue, and 
thence along the enter of Carrollton avenue to the center of Mel- 
pomene Canal, and thence along the center of Melpomene Canal 
to the center of Claiborne Canal, and thence along the center of 
_Claiborne Canal to the center of Thalia street, and thence along the 
center of Thalia street to the left bank of the Mississippi river, 
and thence to a point in the middle of the Mississippi river on the 
projected line of the center of Thalia street, and thence along the 
center of the Mississippi river to the point of commencement. 

Third Ward, Third Representative District, bounded as follows 
—viz.: Commencing at a point in the middle of the Mississippi 
river on the projected line of the enter of Canal street, and thence 
along the said projected line to the center of Canal street on the 
left bank of said river, and thence along the center of Canal street 
to the center of the old Metaiie road, and thence along the center 
of the old Metairie road to the center of the New Basin Canal, and 
thence along the center of the New Basin Canal to the center of 
Rampart street, and thence along the center of Rampart street to 
the center of Julia street, and thence along the center of Julia street 


cit ba 


to the left bank of the Mississippi river, and thence to a point in 
the middle of the Mississippi river on the projected line of the 
center of Julia street, and thence along the center of the Mississippi 
river to the point of commencement. 

Fourth Ward, Fourth Representative District, bounded as fol- 
lows—viz.: Commencing at a point in the middle of the Mississippi 
river on the projected line of the center of Canal street, and thence 
along the said projected line to the center of Canal street on the 
left bank of the said river, and thence along the center of Canal 
street to the center of the old Metairie road, and thence along the 
center of the old Metairie road to the center of the New Basin Canal, 
and thence along the center of the New Basin Canal to the south 
shore of Lake Pontchartrain, and thence on the projected line of 
the center of said New Basin Canal to a point in the middle of Lake 
Pontchartrain, and thence along the middle of Lake Pontchartrain 
to the projected line of the center of Orleans Canal, and thence 
along the said projected line of the center of said Orleans Canal 
to the south shore of Lake Pontchartrain, and thence along the cen- 
ter of the Orleans Canal to the center of the old Metairie road, and 
thence along the center of the old Metairie road to the center of 
St. Louis street, and thence along the center of St. Louis to the 
left bank of the Mississippi river, and thence to a point in the middle 
of the Mississippi river on the projected line of the center of St. 
Louis street, and thence along the center of the Mississippi river to 
the point of commencement. 

Fifth Ward, Fifth Representative District, bounded as follows— 

iz.: Commencing at a point in the middle of the Mississippi river 
on the projected line of the center of St. Louis street, and thence 
along the said projected line of the center of St. Louis street on 
the left bank of said river, and thence along the center of St. Louis 
street to the center of the old Metairie road, and thence along the 
center of the old Metairie road to the center of the Orleans Canal, 
and thence along the center of the Orleans Canal to the south shore 
of Lake Pontchartrain, and thence on a projected line of the center 
of the said Orleans Canal to a point in the middle of Lake Pontchar- 
train to the projected line of the center of Bayou St. John, and 
thence along the said projected line of the center of Bayou St. John 
to the south shore of Lake Pontchartrain, and thence along the 
center of Bayou St. John to the center of St. Philip street to the 
left bank of the Mississippi river, and thence to a point in the 
middle of the Mississippi river on the projected line of the center 
of St. Philip street, and thence along the center of the Mississippi 
river to the point of commencement. 

Sixth Ward, Sixth Representative District, bounded as follows 
—VIiZ.: Commencing at a point in the middle of the Mississippi 
river on the projected line of the center of St. Philip street, and 
thence along said projected line of the center of St. Philip street, 
and on the left bank of said river, and thence along the center of 
Bayou St. John, and thence along the center of Bayou St. John 
to the center of Esplanade street, and thence along the center of 


eure ce 


Esplanade street to the left bank of the Mississippi river, and thence 
to a point in the middle of the Mississippi river on the projected line 
of the center of Esplanade street, and thence «long the center of 
the Mississippi river to the point of commencement. 


Seventh Ward, Seventh Representative District, bounded as fol- 
lows, viz.; Commencing at a point in the middle of the Mississippi 
river on the projected line of the center of Esplanade street; and 
thence along the said projected line to the center of Esplanade 
street on the left bank of said river, and thence along the center 
of Esplanade street to the center of Bayou St. John, and thence 
along the center of Bayou St. John and Cut-Off to the south shore 
of Lake Pontchartrain, and thence on the projected line of the cen- 
ter of said Bayou St. John to a point in the middle of Lake Pont- 
chartrain, and thence alone the middle of Lake Pontchartrain to 
the projected line of the center of Elysian Fields street, and thence 
along the said projected line of the center of Elysian Fields street 
to the south shore of Lake Pontchartrain, and thence along the 
center of Elysian Fields street to the left bank of the Mississippi 
river, and thence to a point in the middle of the Mississippi river, 
on the projected line of the center of Elysian Fields street, and 
thence along the center of the Mississippi river to the point of com- 
mencement. 


Eighth Ward, Eighth Representative District, bounded as fol- 
lows—viz.: Commencing at a point in the middle of the Mississippi 
river on the projected line of the center of Elysian Fields street, and 
thence along the said projected line to the center of Elysian Fields 
street, on the left bank of the said river, and thence along 
the center of Elysian Fields street to the south shore of Lake 
Pontchartrain, and thence on the projected line of the center of 
Elysian Fields street to a point in the middle of Lake Pontchartrain, 
and thence along the middle of Lake Pontchartrain to the projected 
line of the center of People’s avenue, and thence along the said pro- 
jected line of the center of People’s avenue to the south shore of 
Lake Pontchartrain, and thence along the center of People’s avenue 
to the center of Lafayette avenue, and thence along the center of 
Lafayette avenue to the left bank of the Mississippi river, and 
thence to a point in the middle.of the Mississippi river on the pro- 
jected line of the center of Lafayette avenue, and thence along the 
center of the Mississippi river to the point of commencement. 


Ninth Ward, Ninth Representative District, bounded as follows 
—viz.: Commencing at a point in the middle of the Mississippi 
river on the projected line of the center of Lafayette avenue, and 
thence along the said projected line to the center of Lafayette 
avenue, on the left bank of said river, and thence along the center 
of Lafayette avenue to the center of People’s avenue, and thence 
along the center of People’s avenue to the south shore of Lake 
Pontchartrain, and thence on the projected line of the center of Peo- 
ple’s avenue to a point in the middle of Lake Pontchartrain, and 
thence along the middle of Lake Pontchartrain to the center of the 


sees 


Rigolets, and thence along the center of the Rigolets to Lake Borgne, 
and thence along the main shore of Lake Borgne, including all is- 
lands within one marine league distance thereof, to the center of 
Bayou Bienvenu, and thence along the center of Bayou Bienvenu 
to the Fisherman’s Canal, and thence along the center of the Fish- 
erman’s Canal to the line of the south side of Florida Walk, and 
thence along the said line of Florida Walk to the lower line of the 
United States Barracks, and thence along the said line of the United 
States Barracks to the left bank of the Mississippi river, and thence 
to a point in the middle of the Mississippi river on the projected 
line of the said United States Baracks and thence along the middle 
of the Mississippi river to the point of commencement, 

Tenth Ward, Tenth Representative District, bounded as follows— 
viz.: Commencing at a point in the middle of the Mississippi river 
on the projected line of the center of Felicity road, and thence along’ 
the said projected line to the center of Felicity road on the left bank 
of said river, and thence along the center of Felicity road to the 
center of Melpomene Canal, and thence along the center of Mel- 
pomene Canal to its intersection with First street, and thence along 
the center of First street to the left bank of the Mississippi river, 
and thence to a point in the middle of the Mississippi river on the 
projected line of the center of First street, and thence along the 
center of the Mississippi river to the point of commencement. 

Eleventh Ward, Eleventh Representative District, bounded as 
follows—viz.: Commencing at a point in the middle of the Mississippi 
river on the projected line of the center of First street, and thence 
along the said projected line to the center of First street on the left 
bank of said river, and thence along the center of First street to 
the center of the Melpomene Tail Race, and thence along the center 
of the Melpomene Tail Race to the center of Toledano street, and 
thence alone the center of Toledano street, to the left bank of the 
Mississippi river, and thence to a point in the middle of the Missis- 
Sippi river on the projected line of the center of Toledano street, 
and thence along the center of the Mississippi river to the point of 
commencement. : | 

Twelfth Ward, Twelfth Representative District, bounded as fol- 
lows—viz.: Commencing at a point in the middle of the Mississippi 
river on the projected line of the center of Toledano street, and 
thence along the said projeted line to the center of Toledano street 
on the left bank of said river, and thence along the center of Tole- 
dano street to the center of Broad street, and thence along the cen- 
ter of Broad street to the center of Napoleon avenue, and thence 
along the center of Napoleon avenue to the left bank of the Missis- 
Sippi river, and thence to a point in the middle of the Mississippi 
river on the pojected line of the center of Napoleon avenue, and 
thence along the center of the Mississippi river to the point of com- 
mencement. 

Thirteenth Ward, Thirteenth Representative District, bounded 
as follows—viz.: Commencing at a point in the middle of the Mis- 
Sissippi river on the projected line of the center of Napoleon avenue, 


Pa, ae 


and thence along the said projected line to the center of Napoleon 
avenue on the left bank of said river, and thence along the center of 
Napoleon avenue to the center of Broad street, and thence along the 
center of Broad street to the center of Peters avenue, and thence 
along the center of Peters avenue to the left bank of the Mississippi 
river, and thence to a point in the middle of the Mississippi river on 
the projected line of the center of Peters avenue, and thence along 
the center of the Mississippi river to the point of commencement. 

Fourteenth Ward, Fourteenth Representative District, bounded 
as follows—viz.: Commencing at a point in the middle of the Mis- 
Sissippi river on the projected line of the center of Peters avenue 
and thence along the said projected line to the center of Peters 
avenue on the left bank of said river, and thence along the center 
of Peters avenue to Broad street, and thence along the center of 
Broad street to the center of Toledano street, and thence along the 
center of Toledano street to the center of Melpomene Tail Race, and 
thence along the center of the Melpomene Tail Race to the center of 
Lowerline street, and thence along the center of Lowerline street to 
the left bank of the Mississippi river and thence to a point in the 
middle of the Mississippi river on the projected line of the center of 
Lowerline street, and thence along the center of the Mississippi 
river to the point of commencement. 

Sixteenth Ward, Sixteenth Representative District, bounded as 
follows—viz.: Commencing at a point in the middle of the Missis- 
sippi river on the projected line of the center of Lowerline street, 
and thence along the said projected line to the center of Lowerline 
street on the left bank of said river, and thence along the center of 
Lowerline street to the center of the Melpomene Tail Race, and 
thence aiong the center of the Melpomene Tail Race to the center of 
Carrollton avenue, and thence along the center of Carrollton avenue 
to the left bank of the Mississippi river, and thence to a point in the 
middle of the Mississippi river on the projected line of the center of 
Carrollton avenue, and thence along the center of the Mississippi 
river to the point of commencement. 

Seventeenth Ward, Seventeenth Representative District, bound- 
ed as follows—viz.: Commencing at a point in the middle of the 
Mississippi river on the projected line of the center of Carrollton 
avenue, and thence along said projected line to the center of Car- 
rollton avenue on the left bank of said river, and thence along the 
center of Carrollton avenue to the center of the New Basin Canal, 
and thence along the center of the New Basin Canal to the south 
shore of Lake Ponchartrain, and thence on the projected line of 
the center of the New Basin Canal to a point in the middle of Lake 
Ponchartrain, and thence along the middle of Lake Ponchartrain to 
the projected line of the center of the Upperline Canal, and thence 
along the said: projected line of the center of the said Upperline 
Canal to the south shore of Lake Ponchartrain, and thence along 
the center of the Upperline Canal and Upperline street to the left 
bank of the Mississippi river, and thence to a point in the middle 
of the Mississippi river on the projected line of the center of Upper- 


ie: ad 


line Canal, and thence along the center of the Mississippi river to 
the point of commencement. 

Fifteenth Ward, Fifteenth Representavite District, bounded as 
follows—viz.: All that part of the Parish of Orleans situated on 
the right bank of the Mississippi river, included within the bounda- 
ries described in the preceding section. 

The First Municipal District shall include all that part of the 
Parish of Orleans forming the First, Second and Third Wards, as 
hereinbefore described. 

The Second Municipal District shall include all that part of the 
Parish of Orleans forming the Fourth, Fifth and Sixth Wards, as. 
hereinbefore described. 

The Third Municipal District shall include all that part of the 
Parish of Orleans forming the Seventh, Eighth and Ninth Wards, 
as hereinbefore described. | 

The Fourth Municipal District shall include all that part of the 
Parish of Orleans forming the Tenth and Eleventh Wards, as here- 
inbefore described. 

The Fifth Municipal District shall include all that part of the 
Parish of Orleans situated on the right bank of the Mississippi 
river included within the boundaries hereinbefore described. 

The Sixth Municipal District shall include all that part of the 
Parish of Orleans forming the Twelfth, Thirteenth and Fourteenth 
Wards, as hereinbefore described. 

The Seventh District shall include all that part of the Parish 
of Orleans forming the Sixteenth and Seventeenth Wards, as 
hereinbefore described. 


ELECTIONS 


Sec. 3. (As amended by Act 115 of 1921.) At the general 
election for city officers the electors of the City of New Orleans 
shall vote for a Mayor and four Commission Councilmen at large, 
who shall constitute the Commission Council of the City of New 
Orleans. The election of the Mayor and Commission Councilmen 
herein provided for shall be held in pursuance of the general election 
laws now or hereafter existing. said officers shall be elected by 
a preponderance of the votes cast at a municipal election, and shall 
hold office for the term hereinafter prescribed, subject to the pro- 
visions of this act. In addition to the compiled statements now re- 
quired by law to be made by the Commissioners of election, the 
Commissioners of election at each polling place in the City of New 
Orleans shall make a fourth compiled statement, whereon they shall 
show the number of votes cast for each candidate for Mayor, and 
the number of votes cast for each candidate for Commission Coun- 
cilmen at large, which compiled statement shall be sworn to and 
signed by the Commissioners, placed in sealed packages and de- 
livered forthwith to the Mayor of the City of New Orleans or in 
his absence to the acting Mayor of the City of New Orleans. 

The Mayor, or in his absence, the acting Mayor, receiving these 
compiled statements, shall cause same to be safely locked up in a 


etd ileal 


vault with seals unbroken, and shall, on the Monday following the 
election, at noon, in the Council Chamber, in the presence of any 
person or persons who choose to be present, produce these state- 
ments, break the seals and immediately proceed to compile the 
votes for Mayor and Commission Councilmen, and declare the re- 
sults. He shall declare the person receiving the highest number 
of votes cast for Mayor elected as Mayor, and the four persons 
receiving the highest number of votes for Commission Councilmen 
elected as such; and the parties so declared elected shall, thereupon, 
take the oath of office which may be administered by any person 
authorized to administer oaths, and no commission from the Gov- 
ernor or other constituted authority shall be necessary in order 
to qualify such officers to perform their duties as such. 

Each of the Commission Councilmen, including the Mayor, shall, 
before entering upon the duties of their respective offices, give bond 
in favor of the City of New Orleans in the amount of Fifty Thou- 
sand Dollars for the faithful performance of his duty; the bond of 
the Mayor to be approved by the Commission Council, and the bonds 
of the respective Commission Councilmen to be approved by the 
Mayor. 

The next election of the municipal officers mentioned in this 
section shall be held on the Tuesday following the first Monday in 
April, 1925, and the officers then elected shall serve for a term of 
five years, and their successors shall be elected on the Tuesday 
following the first Monday in April, 19380, and thereafter said elec- 
tion shall take place every four years on the Tuesday following the 
first Monday in April, and except as herein otherwise provided all 
election laws referring to the City of New Orleans shall apply 
to these elections, and the Mayor and Commission Councilmen there- 
at elected shall take seats and assume charge of the offices to which 
they shall have respectively been elected on the first Monday in May 
following their election. 

The annual salary of the Mayor shall be Ten Thousand Dollars, 
and of each of the Commission Councilmen Six Thousand Dollars, 
pay anls monthly on the warrant of the Commissioner of Public 

inance. 


POWERS AND DUTIES OF MAYOR AND COMMISSION 
COUNCIL 


THE MAYOR 


Sec. 4. (As amended by Act 51 of 1921.) (a) The Mayor shall 
keep his office at the City Hall and shall have a seal to be called 
the Seal of the City of New Orleans, which shall be affixed to all 
proper official acts of the corporation. 

(b). He shall see that the laws of the State, the provisions of 
this charter, and the ordinances of the city are duly enforced. He 
shall have power to administer oaths. 

(c). He shall sign all contracts, bonds or other instruments 
requiring the assent of the city, and take care that the same are 


ares Wace 


duly performed. All legal processes against the city shall be served 
upon the Mayor or Acting Mayor. 


(d). He shall be charged with the general oversight of all 
departments, boards and commissions of the city. 


(e). He shall be ex-officio a member of each board, commission 
or body created or authorized by this charter or by any ordinance 
of the city. 

(f). He shall when present vote on all questions coming before 
the Council. 

(g). He shall have such other rights and powers as may be 
provided by ordinance not in conflict with this charter. 

(h). The Commissioner of Public Finance shall be Vice-Presi- 
dent of the Council and Acting Mayor of the City, and during 
the absence or inability of the Mayor to act, shall exercise all his 
rights and powers. 


THE COMMISSION COUNCIL. 


The Commission Council shall have and possess, and shall exer- 
cise all executive, legislative, and other powers and duties now had 
and possessed and exercised by the Mayor of New Orleans, the City 
Council of New Orleans, the Comptroller of the City of New Orleans, 
the Treasurer of the City of New Orleans, the Commissioner of 
Public Works of the City of New Orleans, the Commissioner of 
Police and Public Buildings of the City of New Orleans, and the 
City Engineer of the City of New Orleans. The Commission Coun- 
cil shall also have and possess, and shall exercise all executive, 
legislative and other powers and duties heretofore had and possessed 
and exercised by all other legislative, executive and administrative 
officers of the City of New Orleans, whether herein specifically 
enumerated or not; the intention being that the entire powers and 
duties of government of the City of New Orleans, as at present 
vested, or as may be hereafter vested by the Constitution and laws 
of this State, in the Municipal Officers of said city, shall be con- 
centrated in the Commission Council. ) 

The executive and administrative powers, authority and duties 
in said city shall be distributed among five departments as follows, 
to-wit: 


The Department of Public Affairs. 
The Department of Public Finances. 
The Department of Public Safety. 
The Department of Public Utilities. 
The Department of Public Property. 


The Commission Council shall at their first meeting determine 
the powers and duties to be embraced in each department unless 
herein otherwise provided; shall prescribe the duties and powers of 
all officers and employees; may assign particular offices and em- 
ployees to one or more of the departments; may require an officer 
or employee to perform duties in two or more departments; and 
may make such other rules and regulations as may be necessary or 


oe | 


Ay j 


proper for the efficient and economical conduct of the business of 
e city. 

In the event of a vacancy in the office of Mayor, caused by 
death, resignation or otherwise, said vacancy shall be filled, for the 
remainder of the term, by an election by the electors of the City 
of New Orleans, provided that the vacancy is for a longer period 
than one year, to be called by the Commission Council, within sixty 
days of the occurrence of the vacancy; said election to be conducted 
under the general election laws of this State and as provided herein. 

All other vacancies in the membership of the Commission Coun- 
cil or any vacancy in the office of Mayor for a period of less than 
one year, shall be filled for the unexpired term by a majority of 
the remaining members. The powers of such officer, either Mayor 
or Commission Councilman, in the meantime, shall be exercised by 
a quorum of the whole. 

A vacancy shall exist when the Mayor or one of the Commission 
Councilmen fail to qualify within thirty days after the declaration 
of his election, dies, resigns, removes permanently from the city, 
absents himself continuously therefrom for three months without 
leave of absence granted by the Commission Council, is convicted 
of a felony, or judicially declared a lunatic. 

Sec. 5. The Commission Council by resolution may during the 
session thereof punish by arrest and imprisonment any person who 
is guilty of disrespect, disorderly or contemptuous behavior in the 
presence of the Commission Council in session, and the Commission 
Council, or any committee thereof, may summon witnesses, and com- 
pel the attendance by attachment, and administer oath by the 
President or chairman, compel witnesses to testify and produce 
books and papers, and may punish them by imprisonment or fine 
for failure to attend or refusal to testify or produce books and 
papers, but no such imprisonment shall exceed ten days for each 
offense; provided, that any person so sworn, who shall wilfully and 
falsely testify before said Commission Council or any committee 
thereof, shall be guilty of perjury and be subject to the penalty 
provided by law. 


SPECIAL POWERS OF COUNCIL 
MANDATORY POWERS OF COUNCIL. 


See. 6. The Commission Council shall have the power, and it 
shall be their duty, to pass such ordinances, and to see to their 
faithful execution, as may be necessary and proper: 

1. To preserve the peace and good order of the city. 

2. To maintain its cleanliness and health, and to this end: 

(a). To adopt and provide an efficient system of drainage. 

(b). To provide for the inspection and cleanliness of all vaults, 
privies, yards, pools, markets, cemeteries. 

(c). To regulate the location and inspection and cleansing of 
dairies, stables, cattle yards, landings and pens, slaughter houses, 
soap, glue, tallow and leather factories, depositories for hides, black- 


iain Bd 


smith shops, forges, foundries, laundries, oyster shops, and all 
places of business likely to be or become detrimental to health or 
comfort, and to adopt such ordinances and regulations as shall be 
necessary or expedient for the protection of health and to prevent 
the spread of disease, and to maintain a good sanitary condition 
in the streets, public places and buildings, and on all private 
premises. 

The Commission Council shall provide for the frequent inspec- 
tion of all premises by persons to be designated either by the Com- 
mission Council or by the Board of Health in the city; they shall 
also prescribe what water supply shall be provided by the owners 
of private premises, and that all premises, yards, streets and alleys 
shall be kept in a cleanly condition; shall provide for the punish- 
ment of any violation, by. fine or imprisonment, or both; and all 
such fines, when recovered, shall be paid over to the Board of Health 
to assist in its maintenance. 

(d). To suppress all nuisances. 

(e). To prevent the sale of adulterated or decayed food, and 
to punish the same; to punish the sale of adulterated drinks. 

3. To open and keep open and free from obstruction all streets, 
public squares, wharves, landings, lake shore and river and canal 
banks. 

4. To keep the streets and crossings and bridges and canals 
and ditches clean and in repair. 

5. To adequately provide for the maintenance of an efficient 
police force and fire department. 

6. To light the streets, wharves and landings and public 
squares. 3 | 

7. To organize and maintain free public schools and libraries. 

8. To maintain levees and dikes, and to prevent the city from 
overflow, and provide for drainage thereof unless otherwise pro- 
vided by law. 

9. To appropriate annually the sum of fifteen hundred dollars 
($1500.00) as a contingent fund to be expended by the Mayor at 
his discretion. 

PUBLIC IMPROVEMENT CERTIFICATES. 


Section 7. The Commission Council of the City of New Orleans 
shall be, and is hereby authorized, empowered and directed to issue 
public improvement certificates in accordance with the terms and 
provisions of Act 56 of 1908, Act 33 of 1910, and the Acts amend- 
atory thereof, which said Acts as well as Act 32 of 1902, Act 128 
of 1910, and all Acts amendatory thereof, are continued in full 
force and effect, provided that the Commission Council as herein 
constituted shall be empowered to designate the persons who shall 
sign the certificates issued in place and stead of the persons desig- 
nated in the provisions of the aforesaid acts; and the Commission 
Council of the City of New Orleans is ordered and directed to pro- 
vide in its Alimony budget of expenditures for the payment in 
principal and interest of all certificates heretofore issued or which 
may hereafter be issued in strict accordance with the provisions 


Se) 2 ae 


‘of the aforesaid Act 56 of 1908, Act 33 of 1910, and all Acts amenda- 
tory thereof, and Act 32 of 1902, Act 128 of 1910 and all Acts 
amendatory thereof; the true intent and meaning hereof being that 
the provisions of said Act 56 of 1908, Act 33 of 1910 and all Acts 
amendatory thereof, and Act 32 of 1902, Act 128 of 1910, and all 
Acts amendatory thereof, shall be preserved and continued in full 
force and effect, in their entirety, save and except as to the persons 
designated to sign said certificates. 


DISCRETIONARY POWERS OF COUNCIL. 


Section 8 (as amended by Act 93 of 1921). The Commission 
Council shall also have power: 


1. To order the ditching, filling, opening, widening and paving 
of the public streets, and to regulate the grade thereof, and, by a 
two-thirds vote to sell or change the destination of any street, side- 
walk or other property which is no longer necessary for the public 
use to which it was originally destined, or which is needed for pub- 
lic buildings or public utilities owned by the United States, the 
State of Louisiana or the City of New Orleans, or for the estab- 
lishment of a railway union depot, or for the enlargement or ex- 
tension of any hospital which the City of New Orleans utilizes in 
whole or in part for the care and treatment of destitute persons. 


2. To regulate the public cemeteries, to order the manner of 
conducting the same and to order the closing of same. 


3. To compel the owners of any lot or lots to fill the same to 
a grade above the grades of the street and to construct drains or 
gutters. 

4. To improve and embellish the public squares and parks and 
places. 

5. To compel the owners of property and tenants to keep the 
sidewalks in front of such property clean and in repair. 


6. To prevent explosive and dangerous substances from being 
stored or kept in dangerous quantities in the city, to designate the 
place where such dangerous articles may be stored, and to regulate 
the manner of hauling and keeping explosive substances. 


7. To determine within what limits wooden building's shall not 
be erected and to prevent the reconstruction in wood of the old 
buildings within such limits. 

8. To regulate the safety, height and thickness of walls and 
structures. 

9. To determine what animals shall not be permitted to rove 
in the limits of the city, and to cause them to be killed or to be 
confined and sold, when found to be roaming at large. 

10. To regulate the police of theaters, public halls, dance 
houses, concert saloons, taverns, hotels, houses of public enter- 
tainment, shops for retailing alcoholic liquors, houses of prostitu- 
tion and assignation. and to close such houses from certain limits, 
and shall have power to exclude the same, and to close houses and 
places for the sale of intoxicating liquors when the public safety 


MaMa 


may require it, and to authorize the Mayor and police to close such 
places. 

11. To close all gambling houses and expel from the city and 
to imprison all bunco men, lottery men, common cheats and swind- 
lers, beggars and dangerous and suspicious characters. 


12. To authorize the use of the streets for railroads operated 
by horse, electricity, steam or other motive power, and to regulate 
the same; to require and compel all lines of railway or tramway in 
any one street to run on and use one and the same track and turn- 
table, to compel them to keep conductors on their cars and compel 
all such companies to keep in repair the street bridges and crossings 
through or over which their cars run. 


13. To establish jails, houses of refuge, reformation and cor- 
rection and to make regulation for their government; to construct, 
maintain and operate belt railroads and other public utilities; and 
to exercise general police power in the City of New Orleans. 


14. In the exercise of its powers of supervision, regulation and 
control of any street railway, gas, electric light, heat, power, water- 
works, or other public utility, the Commission Council shall, in 
eases involving the establishment, change or alteration of rates, 
charges, tolls, prices, fares or~compensation for service or com- 
modities supplied by such utilities, cause notice of the matter to be 
served upon the person or corporation affected thereby, so that 
such person or corporation shall have an opportunity, at a time 
and place to be specified in said notice, to be heard in respect to 
said matter. The Commission Council shall make all necessary 
and reasonable rules and regulations to govern applications for the 
fixing or changing of rates and charges of public utilities and all 
petitions and complaints relating to any matter pertaining to the 
regulation of public utilities, and shall prescribe reasonable rules 
and regulations to govern the trial, hearing and rehearing of all 
matters referred to herein. 

The orders of the Commission Council fixing or establishing any 
rate, fare, toll or charge for any commodity furnished, service ren- 
dered, or to be rendered, by any public utility shall go into effect 
at such time as may be fixed by the Commission Council, and shall 
remain in effect and be complied with, unless and until set aside or 
suspended by the Commission Council or by a court of competent 
jurisdiction. 

The orders of the Commission Council shall be enforced by the 
imposition of such reasonable penalties as the Commission Council 
may provide, and any party in interest may appeal from orders 
of the Commission Council to the courts by filing suit against the 
Commission Council within ninety days from the date of the order 
of the Commission Council, and not thereafter. 


CUTTING WEEDS AND GRASS. 


See. ..... (as prescribed by Act 136 of 1918). The charges, costs 
and expense which may be incurred by the City of New Orleans 
under and by virtue of and in accordance with any health ordinance 


tly fees 


of the City of New Orleans, now or hereafter existing, providing 
for the cutting, destruction, or removal of noxious weeds or grass, 
or deleterious, unhealthy or noxious growths on any sidewalk or 
banquette and on any lot or place or area within said city, shall, 
to the extent of the actual cost thereof to the city, be and the 
same are hereby declared to be a charge, cost or expense of the 
property abutting the sidewalk or banquette or of the lot or place 
or area, as the case may be, where such noxious weeds, grass or 
deleterious or unhealthy growth may be cut, destroyed or removed; 
provided, however, that no such work shall be undertaken by the 
city until the owner of the lot or place or area or the owner of the 
abutting property, as the case may be, where such weeds, grass or 
growth are to be cut and removed have an opportunity of doing the 
work himself within at least ten (10) days after previous notice 
has been given him, or in his absence from the city, to the agent 
of leased or occupied premises, or if not known, to the occupant 
thereof, or if not leased or occupied, by advertisement in the official 
journal of the City of New Orleans for two consecutive days. 


If after the cutting, destruction or removal of such weeds, grass 
or growths as aforesaid shall have been done by the city after due 
notice as stated, the cost or expense thereof shall not have been 
paid within ten (10) days after due demand, then and in that case 
the Commissioner of Public Property of said city shall cause to be 
recorded in the Mortgage Office of the Parish of Orleans an at- 
tested bill showing the cost and expense incurred for the work and 
the place or property on which said work was done, and from the 
moment of recordation of such attested account, the same shall 
constitute a lien and privilege or mortgage on the property, superior 
to vendor’s lien and any other privilege or mortgage except for 
taxes and paving and shall remain in full force and effect for the 
amount due in principal and interest, costs of court, if any, for 
collection, until final payment has been made. 

Said cost and expense shall be collected in the manner fixed 
by law for the collection of taxes and shall be subject to the same 
penalties for delinquency, etc. 

Attested bills issued in accordance with the provisions of this 
section shall be prima facie evidence that all legal formalities have 
been complied with and that the work has been properly and satis- 
factorily done; and the recordation of such bills in the mortgage 
office shall be full notice to every person concerned that the amount 
of the bill constitutes a charge against the property designated or 
described in the bills and that it is due and collectible as provided 
by law. 

‘ That there shall not be any cost or charge by the Recorder of 
Mortgages for recording said attested bill in the Mortgage Office, 
nor shall there be any cost or charge for releasing or cancelling of 
said attested bill by the Recorder of Mortgages. That the said 
Recorder of Mortgages shall cancel or release said lien or privilege 
upon presentation of a receipt showing payment of said attested 
bill. | 


a fe 


COUNCIL MEETINGS AND PROCEDURE 


Section 9. Three members of the Commission Council shall 
constitute a quorum, and the affirmative vote of three members 
shall be necessary to adopt any motion, resolution or ordinance, or 
pass any measure, unless a greater number is provided for in this 
act. Upon every vote the yeas and nays shall be called and re- 
corded, and every motion, resolution or ordinance shall be reduced 
to writing and read before the vote is taken thereon. The Mayor 
shall preside-at all the meetings of the Commission Council; he shall 
have no power to veto any measure, but every resolution or ordi- 
nance passed by the Commission Council must be signed by the 
Mayor, or by two Commission Councilmen, and be recorded Detar 
the same shall be in force. 

See: 10. No ordinance or resolution shall pass the Gitte igcioe 
Council at the same session at which it is first offered, but every 
ordinance or resolution, shall, at its first offering be read in full, 
and shall lie over at least one week, before being finally considered 
by the Commission Council. 

See. 11. The Commission Council shall meet on the first Tues- 
day evening of every month, and as often as they shall determine 
to be necessary. All meetings for organization-.and canvassing and 
compiling and proclaiming the result of an election shall be held 
in daylight. The Commission Council shall sit with open doors. 
No resolution or ordinance, except resolutions for investigation and 
for the conduct of parliamentary business, shall have the force of 
law, unless it receives the votes of a majority of the members 
elected to said Commission Council, and unless on its final passage 
the ayes and nays are called and recorded. 


DISTRIBUTION OF POWERS 


Sec. 12 (as amended by Act 115 of 1921). The Mayor shall 
be Commissioner of the Department of Public Affairs, and the 
Commission Council shall at the first regular meeting. after the 
election of its members designate by majority vote one Commission 
Councilman to be Commissioner of the Department of Public 
Finance, who shall be ex-officio City Treasurer; one to be Commis- 
sioner of the Department of Public Safety ; one to be Commissioner 
of the Department of Public Utilities; and one to be the Commis- 
sioner of the Department of Public Property, but such designation 
shall be changed whenever it appears that the public service would 
be benefited thereby. 

It shall elect by a majority vote at said meeting, or as soon 
thereafter as practicable, a Clerk of the Commission Council, at a 
salary to be fixed by the Commission Council, and for the same 
term as the Council electing him. 

In providing for the compiling, digesting or codifying of its 
ordinances, the Commission Council may purchase outright from 
any. person whatsoever portions of such work, actually accom- 
plished, of such character, form and workmanship as the Commis- 


aa, 1) ao 


sion Council, upon the recommendation of the City Attorney, may 
approve. 

The following subdivisions of government shall be grouped 
under the five departments herein provided for in the manner in- 
dicated below, to-wit: 


Under the Department of Public Affairs: 


1. Law. 
2. Civil Service. 
8. Publicity. 

Under the Department of Public Finance: 
1. Assessment of private property. 
2. Receipts and expenditures of public money. 
3. Accounts of public moneys. 

Under the Department of Public Safety: 
1. Fire prevention and relief. 
Ze, Police: 
3. Health. 
4, Charity and relief. 

Under the Department of Public Utilities: 
1. Public Service Corporations. 
2. Franchises. 

Under the Department of Public Property: 
1. Streets and alleys. 
2. Parks and playgrounds. 
3. Public buildings. 
4. Public baths. 
5. All other public property. 


APPOINTIVE OFFICERS 


The Commission Council shall, at the first meeting thereof, or 
as soon thereafter as practicable, elect by a majority vote the 
following officers, whose terms shall be the same as that of the 
Commission Council electing them, and whose annual compensation, 
payable in semi-monthly installments, shall be as herein indicated, 
to-wit: 

City Attorney, Six Thousand Dollars ($6000.00). 

City Notary, who shall receive fees for his services to be paid 
by the party contracting with the city. 

Judges of the Recorders’ Courts, at such salary as the Com- 
mission Council shall fix, which in no case shall exceed for any 
one Judge, Twenty-five Hundred Dollars ($2500.00). 

Clerks of the Recorders’ Courts, at such salary as the Commis- 
sion Council shall fix, which in no case shall exceed for any one 
clerk Fifteen Hundred Dollars ($1500.00). 

Auditor of Public Accounts, Thirty-five Hundred Dollars 
($3500.00). 

Chief Engineer of the Fire Department, Five Thousand Dol- 
lars ($5000.00). 

‘Superintendent of Police, Five Thousand Dollars ($5000.00). 


ae, [1 


Superintendent of Public Health, Five Thousand Dollars 
($5000.00). 

City Engineer, Five Thousand Dollars ($5,000.00). 

City Chemist, Twelve Hundred Dollars ($1200.00). 

The terms of office of the present incumbents of all offices men- 
tioned in this section, 12, are hereby extended to the first Monday 
in May, 1925. Their successors shall be elected for a term of five 
years, until the first Monday in May, 1930. Thereafter said officers 
shall be elected for terms of four years. 

Should any vacancy occur in any of the offices above enumerated, 
except the office of Mayor for a period of one year or more, such 
vacancy shall be filled by the Commission Council. 

The City Attorney shall appoint four assistants whose salaries 
shall be fixed by the Commission Council. 

All of the above-mentioned officers, whether chosen by the Com- 
mission Council or appointed by the two officers above enumerated 


shall be qualified electors for the City of New Orleans, recognized | 


experts in such work as may devolve upon the incumbents of said 
offices, or persons especially fitted by education, training or expe- 
rience to perform the same. 

All other persons engaged in any capacity in connection with 
any department of the Government of the City of New Orleans, 
except laborers whose occupation requires no skill or fitness, shall 
be chosen in accordance with the rules governing the Classified 
Civil Service. 

The Commission Council shall have power from time to time 
to provide for such other officers and employes as in their judgment 
the needs of the city may require. 

Any officer or assistant elected or appointed by the Commission 
Council may be removed from office at any time by vote of four 
members of the Commission Council. 

Note: Act 141 of 1922 provides for the suspension and removal 
from office of any deputy commissioner, head of a department or 
employee, all or any of whom have been elected to their respective 
positions by the governing body of the city, and provides for written 
charges, public trial, and judicial review of the decision of the 
governing body, and enumerates causes for removal. 


OFFICIAL SIGNATURES 


Section 13. In all cases when the Mayor or any other officer 
is required by this Act to sign any account, warrant, order, check, 
document or other instrument, such signing shall be made in his 
own proper handwriting, and in no case shall such officer use a 
stamp, or types, or any engraved instrument for that purpose, nor 
shall they authorize a clerk or deputy to sign in their stead, except 
as hereinafter provided. 


DEPUTIES AND CLERKS 


Sec. 14. The chief deputy or clerk of. each department shall 
furnish a bond in favor of the Mayor and his successors in office, 


nly f+ Be 


for such amount as shall be fixed by the Commission Council, and 
in case of suspension, absence, resignation or death of any execu- 
tive officers, the chief clerk or deputy of such officer, shall continue 
in office and perform the duties of such executive officer until 
another be elected or appointed and qualified; and for the default 
and malfeasance in office of such clerk or deputy, during his ad- 
ministration of such office, he and his sureties shall be liable. 


PUBLICATIONS 


Sec. 15. It shall be the duty of the Mayor to publish all Ordi- 
nances and Resolutions by the Commission Council and it shall be 
the duty of the Clerk of the Commission Council to publish the 
proceedings of the Commission Council; and if the Sewerage and’ 
Water Board, the Board of Liquidation of the City Debt, the School 
Board for the Parish of Orleans, the Board of Commissioners of 
the Fire Department of the City of New Orleans, the Board of 
Health for the Parish of Orleans and the City of New Orleans, 
the Board of Commissioners of the Police Department of the City 
of New Orleans, each one or all, desire or wish to publish the 
proceedings of their said respective Boards, as may now or here- 
after be required by law to be published, then in that event each 
one or all of said Boards shall make application to the Mayor in 
writing that he include, in the advertisement for bids that the 
City seeks, as hereinafter provided, in a newspaper published daly 
in the City of New Orleans and which newspaper shall have been 
in existence for one year previous to the contract, in addition to the 
publication necessary for the City, also all publications necessary 
or desired as hereinabove mentioned for each one or so many of 
said Boards, as may make said request of him in writing, prior to 
or at the time that he is obtaining said bids for theCity’s public 
printing. All of said printing shall be let to the proprietors of that 
newspaper published daily in the City of New Orleans which shall 
offer to publish all of said proceedings at the lowest price, at public 
auction, or, at the discretion of the Council, be advertised, for pro- 
posals to be delivered to the Commissioner of Public Finance in 
writing, sealed and to be opened by the Commissioner of Finance 
in the presence of the Commission Council, and given to the bidder 
making the lowest proposal therefor after one week’s notice and 
giving security for the faithful performance of the work. Such 
offering shall be made at least every two years and no contract shall 
be made for a longer period. 

Provided, however, that each or all of said above-mentioned 
Boards at whose request its or their printing is included in said 
contract to said newspaper or official journal, shall pay to the said 
newspaper direct its pro-rata of the cost of said printing, according 
to the terms and stipulations of the said contract entered into by 
the said City; all of the terms and conditions of which contract 
they shall stipulate to be bound by in the said request in writing 
that they make to the Mayor. (As amended by Act 35 of 1922.) 


oP onass 


BOARDS AND COMMISSIONS 


COMMISSIONERS OF POLICE DEPARTMENT. 


See. 16. There shall be, and there is hereby created, consti- 
tuted and established a Board of Commissioners of the Police De- 
partment of the City of New Orleans, which shall be composed of 
the Mayor of the City of New Orleans, the Commissioner of Public 
Safety, and one other Commissioner selected by the Commission 
Council. The powers, duties and rights of the Board of Police 
Commissioners above provided for shall remain as now prescribed 
by Act 32 of 1904 of the General Assembly of the State of Louisiana, 
and all acts amendatory thereof, and the officer therein designated 
as Inspector of Police shall henceforth be known as Superintendent 
of Police. 

COMMISSIONERS OF FIRE DEPARTMENT. 


See. 17. There shall be, and there is hereby created, consti- 
tuted and established, a Board of ‘Commissioners of the Fire 
Department of the City of New Orleans, which shall be composed 
of the Mayor, the Commissioner of Public Safety and one other 
Commissioner selected by the Commission Council. The powers, 
duties and rights of the Board of Fire Commissioners above pro- 
vided for, shall remain as now prescribed by Act 58 of 1910 of 
the General Assembly of the State of Louisiana, and all acts amend- 
atory thereof. 

COMMISSIONERS OF BOARD OF HEALTH. 


See. 18. There shall be a Board of Health for the Parish of 
Orleans and the City of New Orleans, which shall be composed of 
the Mayor, the Commissioner of Public Safety, and three other 
members at large to be chosen by the Commission Council, at least 
one of whom, shall be a physician licensed to practice medicine in 
the Parish of Orleans. 

Sec. 19. The powers, duties and rights of the Board of Health 
for the Parish of Orleans and the City of New Orleans above pro- 
vided for, shall be and remain the same, as those of municipal and 
parish boards of health, as prescribed by Act 192 of 1898 of the 
ancy Assembly of the State of Louisiana and all acts amendatory 
thereo 

COMMISSIONERS OF CIVIL SERVICE. 


Sec. 20. There shall be, and there is hereby created, constituted 
and established a Board of Civil Service Commissioners which shall 
be composed of the Mayor of the City of New Orleans and two 
Commissioners to be selected by the Commission Council. The 
powers, duties and rights of the Board of Civil Service Commis- 
sioners shall remain as now prescribed by Act 89 of 1900 and all 
acts amendatory thereof, if any. 


RECORDERS COURTS 


Sec. 21 (as amended by Act 115 of 1921). There shall be four 
Recorders’ Courts, three of which shall be known as day courts, 


mahal | ae 


and one of which shall be a night court. The territorial jurisdic- 
tion of each court shall be defined by the Commission Council of 
the City of New Orleans, and said Commission Council shall be 
empowered to transfer the judges thereof from one jurisdiction 
to another, to fix the hours of holding said courts, and the method 
and mode of procedure. There shall be one judge for each of said 
courts, including the said night court, who shall be chosen by the 
Commission Council as hereinabove provided. The said judges 
shall be at least twenty-five years of age, and residents of the City 
of New Orleans for at least two years prior to their election. 

The said judge of the night eourt shall have general territorial] 
jurisdiction to try summarily ali cases where the defendant so 
elects. In all cases in the night court where an affidavit has been 
granted the case shall be tried before the recorder of the day court 
having territorial jurisdiction thereof. 


There shall also be one Assistant Recorder who shall be ap- 
pointed by the Commission Council, whose duty it shall be to act 
for any of the said Recorders when absent by reason of illness, or 
other disability to sit, and who shall assume charge of the court 
to which he may be so assigned until the absent judge resumes his 
duties. The said Assistant Recorder shall receive one-half of the 
per diem of the Recorder for whom he acts for the actual time 
gure which he performs the duties required of him under this 

ct. 

Sec. 22. The Commission Council shall elect a chief clerk for 
each of said courts and such assistant clerks as the Commission 
Council may deem necessary. 

See. 23. In all appealable cases the testimony shall be taken 
down verbatim, but the stenographic notes need not be written 
out unless an appeal is taken, in which case the testimony shall be 
written out and signed by the Recorder, and by him forwarded 
with the record to the appellate court. No appeal shall be allowed 
except when taken on the day of the sentence, and in all appeals 
the procedure shall be as nearly as possible the same as in cases 
of appeal from the City Criminal Courts. 


Sec. 24. The Commission Council shall provide suitable rooms, 
furniture and stationery for said courts, and the Board of Police 
Commissioners shall detail, subject to such rules as it may adopt, 
four policemen in said Recorders’ Courts to keep order and execute 
orders and decrees of the Recorders. 


See. 25. Recorders shall have the power to enforce all valid 
city ordinances, and to try, sentence and punish all persons who 
violate same. They and their clerks shall have power to administer 
oaths, and the Recorders shall have power to compel witnesses to 
appear and testify, and to punish for contempt, provided such con- 
tempt be committed in open court, and punishment thereof shall 
not exceed twenty-five dollars fine or twenty-four hours in jail. 

Note: Recorders’ power to require peace bonds. Act 56 of 1922. 

Sec. 26. All fines, penalties or forfeitures imposed by Record- 
ers shall be collected by them, and by them paid daily to the City 


9 Bic 


Treasurer; to this end the Treasurer shall furnish to each Recorder 
a printed receipt book, with marginal stubs, and the Recorders shall 
give a receipt from said book to the person paying same for every 
fine or penalty collected, stating therein the amount of the fine 
or penalty, the date, from whom collected, the name of the person 
fined, and for what offense, and shall make corresponding entries 
on the stub thereof. No person exeept the Recorder shall be allowed 
to receive payment of a fine or penelty, or give a receipt therefor; 
nor shall any fine be remitted or released unless in open court, and 
entry thereof shall be made on the minutes of the court, and due 
record shall be made thereof by the Recorder in his return to the © 
Treasurer. Said receipt books and stubs shall always be open for 
public inspection. Should any Recorder fail, neglect or refuse to 
comply with the provisions of this section, he shall be guilty of 
a misdemeanor and be punishable by a fine not exceeding five hun- 
dred dollars or by imprisonment not exceeding six months, and 
shall be liable to removal from office. 


RECALL OF ELECTIVE OFFICERS 


See. 27. The Mayor and Commission Councilmen may be re- 
moved from office or recalled therefrom in the manner now or here- 
after provided by the Constitution. 


FRANCHISES AND CONTRACTS 


Sec. 28. Every ordinance purporting to grant to any person, 
corporation, association or firm any privilege to use or occupy any 
part of any street, public place or public property in connection 
with the conduct of any private business, shall, after having been 
introduced in the Commission Council, be advertised in full in the 
official journal, daily, for two weeks, and shall then be considered 
and passed or rejected by the Commission Council in the manner 
provided for other ordinances. No privilege of any kind for the 
use of any part of any street, public place or public property in 
connection with the conduct of any private business, except such 
as are incidental, appertaining to or necessarily connected with 
grants of the character referred to in Sec. 29, now existing or here- 
after to be made, shall be granted by the Commission Council except 
on adequate consideration fixed in the ordinance granting the privi- 
lege payable, at the discretion of the Commission Council, either 
in cash before said privilege is exercised, or in installments to be 
paid in advance at dates to be fixed by the ordinance. If any pay- 
ment be not made at the date fixed by the ordinance, said ordinance 
shall, ipso facto, become null and void. The Commission Council 
shall grant all privileges of the same kind on the same terms and 
conditions. All moneys received for privileges such as are referred 
to in this section shall be dedicated to works of public improvement. 
All privileges such as are referred to in this section shall be granted 
for such periods of time as the Commission Council may determine. 
The Commission Council shall have power and authority to revoke 
all existing privileges such as are referred to in this section, which 
may be revocable. 


200 o 


Sec. 29. Every ordinance providing for the lighting of streets 
or public places, the lease of public markets or the establishment 
of markets or other utilities to become public on terms, the opera- 
tion of ferries, the removal or disposal of garbage, the construction 
and operations of street railroads or purporting to award a contract 
covering the performance or discharge of any public duty or func- 
tion, shall be adopted with all formalities prescribed by Section 28, 
for the adoption of ordinances purporting to grant the privileges 
referred to in said section. No right shall be granted or contract 
let for any of the objects or purposes herein enumerated and re- 
ferred to except after publication of the ordinance in the official 
journal for a period of sixty days and after same has been adjudi- 
cated by the Commissioner of Public Utilities at public auction to 
the highest or lowest bidder, as may be provided by the ordinance 
purporting to grant the right or let the contract sold; provided, 
however, that the Council shall have the authority to provide by 
the ordinance purporting to grant the right or let the contract for 
more frequent or longer advertisement or for the advertisement 
of the particulars of the right to be granted, the duty to be per- 
formed, on the terms and specifications of the contract to be let. 
No right to construct and operate any street railway shall be sold 
except to the person, corporation, firm, or association offering the 
highest percentage of gross annual receipts to be derived therefrom 
during the term thereof, and said percentage shall be estimated 
on the gross annual income derived from the said franchise after 
deducting all taxes paid by such person, corporation, firm or asso- 
ciation to the city and State by reason of the ownership or operation 
of such street railroad, provided, that hereafter no grant to con- 
struct, operate or maintain a street railroad shall confer upon the 
grantee any right to run on or over, to an extent beyond three 
consecutive squares on any one line, the tracks of any existing 
railway. 


Section 29-A (as prescribed by Act 254 of 1918). In the pur- 
chase, acquisition or construction of works of public improvement, 
other than street paving, title to which is to vest in the city, the 
Commission Council may acquire, use or employ any patented arti- 
cle, device, apparatus or process, and may contract with the owner 
of the patent for the construction, acquisition, furnishing, use and 
employment thereof upon such terms and conditions as the Com- 
mission Council in its discretion may deem proper, and whether 
or not said contract embraces the doing of other work or the fur- 
nishing of other materials and apparatus not covered by the patent, 
and whether or not such work or such materials or apparatus be 
constructed or furnished by the patentee or others, and may make 
all such license agreements in relation thereto with the owner of 
such patents for the use of such articles, devices, apparatus or 
process and for the payment of royalties as the Commission Council 
may deem proper; and it shall not be necessary for the Commission 
Council to advertise for bids or to adjudicate the contract to the 
highest or lowest bidder as the case may be; provided that any 


Ae 


such contract shall be approved by the affirmative vote of at least 
four (4) members of said Commission Council; and provided further 
that bids may be invited and received and contracts may be made 
for the use of patented or proprietary articles in any case of paving 
or repairing of streets, provided the owners of such patented or 
proprietary articles shall, at the time of or prior to the adoption 
of the ordinance of the Commission Council directing the prepara- 
tion of plans and specifications, file with the Commission Council 
a written agreement to sell their patented rights and proprietary 
articles to any and all persons for a fixed royalty for their patented 
rights and for a fixed price for their proprietary articles on equal 
terms and conditions satisfactory to the Commission Council. 


Sec. 30. In order to ascertain the amount due the city by such 
erantee or assigns, such person, or if it be a corporation, the presi- 
dent, or in his dfeault the vice-president or secretary, annually, on 
the first day of November, in each and every year, shall make to 
the Commissioner of Public Utilities, a statement under oath show- 
ing the gross income derived from such franchise, giving in detail 
the items and sources thereof, and also showing the deductions 
claimed for taxes actually assessed and paid. And the Commis- 
sioner of Public Utilities, or clerk or clerks, or experts designated 
by him, shall have free access to all the books, papers and documents 
of such person or corporation for the purpose of computing and 
verifying said statement and ascertaining the amount due the city. 


See. 31. Any person who shall make or cause to be made, or 
assent to any false entry in the books of any corporation, firm or 
person operating a street railroad, or belt railroad, with intent 
to defraud the city or deprive. it wholly or in any part of any sum 
justly due it, or shall refuse to exhibit books, papers and documents 
when called upon to do so by the Commissioner of Public Utilities, 
or his designated clerk or clerks, or shall wilfully omit any items 
or income from books, shall be punished by a fine of five hundred 
dollars, or by imprisonment not less than one nor more than five 
years, or both, at the discretion of the court. 


Sec. 32. Whoever shall falsely make oath to the verity and 
correctness of any statement required by Section 30 of this Act, 
or shall counsel, assist or abet any person to make false oath to 
such statement, shall be guilty of perjury and punished as provided 
by law. 

Sec. 33. The sum due the city for its percentage of gross in- 
come as aforesaid, shall be due and exigible on the first day of No- 
vember of each year and shall be secured by a first privilege upon 
all of the property of the aforesaid person, firm, or corporation, 
and if not paid within ten days of that date it shall be the duty 
of the Commissioner of Public Utilities to have recorded in the 
Mortgage Office his certificate showing the amount thereof, and 
such recordation shall operate as a first privilege upon all of the 
property used in the operation of such franchise, and shall rank 
all other mortgages and privileges regardless of the date of their 
recordation except taxes due to the city and State, and such sum 


Pa, ), oem 


shall bear interest at the rate of two per cent per month from No- 
vember Ist until paid. And if said amount be still due and unpaid 
on January 1st, next ensuing, the Commissioner of Public Utilities 
shall cause the said property to be advertised for thirty days and 
shall sell same to the highest bidder for cash and should said sale 
not realize sufficient to pay the amount due the city, said franchise 
shall without further act be deemed and held forfeited to the city 
which shall have the right to again dispose of same as provided in 
Section 29, to any other person or corporation. 


INITIATIVE AND REFERENDUM 


Sec. 34. Any proposed ordinance may be submitted to the Com- 
mission Council by petition signed by electors of the city equal in 
number to the percentage hereinafter required. The signatures, 
verification, authentication, inspection, certification, amendment 
and submission of such petition shall be as hereinafter provided. 

If the petition accompanying the proposed ordinance be signed 
by electors equal in number to thirty per centum of the registered 
voters qualified on the registration books at the date of the last 
preceding general election, which list must be verified by the regis- 
trar of voters of the Parish of Orleans, and if said petition shall 
have annexed to it the affidavit of each voter, that his purported 
signature thereon is his genuine signature, and that he read the 
proposed ordinance, and petition, before signing, and understands 
same, and contains a request that the said ordinance be submitted 
to a vote of the people if not passed by the Council, such Council 
shall either 

(a) Pass said ordinance without alteration within twenty days 
after attachment of the Registrar of Voter’s certificate to the 
accompanying petition, or 

(b) Forthwith after the Registrar of Voters shall attach to 
the petition accompanying such ordinance his certificate of suffi- 
ciency, duly verified by the Commission Council, the Council shall 
call a special election, unless a general municipal election is fixed 
within ninety days thereafter, and at such special or general muni- 
cipal election, if one is so fixed, such ordinance shall be submitted 
without alteration to the vote of the electors of said city. 

The ballots used when voting upon said ordinance shall contain 
these words: “For the ordinance” (stating the nature of the pro- 
posed ordinance), and “Against the ordinance,” (stating the nature 
of the proposed ordinance). If a majority of the qualified electors 
voting on the proposed ordinance shall vote in favor thereof, such 
ordinance shall thereupon become a valid and binding ordinance of 
the city; and any ordinance proposed by petition, or which shall be 
adopted by a vote of the people, cannot be repealed or amende@ 
except by a vote of the people. 

Any number of proposed ordinances may be voted upon at the 
same election, in accordance with the provisions of this section; 
but there shall not be more than one special leties. in any period 
of six months for such purpose. 


ma fa 


The Commission Council may submit a proposition for the 
repeal of any such ordinance or for amendments thereto, to be voted 
upon at any succeeding general election; and should such proposi- 
tion so submitted receive a majority of the votes cast thereon at 
such election, such ordinance shall thereby be repealed or amended 
accordingly. Whenever any ordinance or proposition is required 
by this Act to be submitted to the voters of the city at any election, 
the clerk of the Commission Council shall cause such ordinance or 
proposition to be published once in each of the daily newspapers 
published in’said city; such publication to be not more than twenty 
or less than five days before the submission of such proposition or 
ordinance to be voted on. 


Sec. 35. No ordinance passed by the Commission Council, ex- 
cept when otherwise required by the general laws of the State or 
by the provisions of this Act except an ordinance for the immediate 
preservation of the public peace, health or safety, which contains a 
statement of its urgency and is passed by a majority vote of the 
Council, shall go into effect before ten days from the time of its 
final passage; and if during said ten days a petition signed by 
electors of the city equal in number to at least thirty per centum 
of the qualified electors as hereinbefore provided in Section 34, 
protesting against the passage of such ordinance, be presented to 
the Council, the same shall thereupon be suspended from going into 
operation, and it shall be the duty of the Commission Council to 
reconsider such ordinance; and if the same is not entirely repealed, 
the Commission Council shall submit the ordinance, as is provided 
by subsection (b) of Section 34 of this Act, to the vote of the 
electors of the city, either at the general election or at a special 
municipal election to be called for that purpose; and such ordinance 
shall not go into effect or become operative unless a majority of the 
qualified electors voting on the same shall vote in favor thereof. 
Said petition shall be in all respects in accordance with the pro- 
visions of said Section 34, except that each signing elector must 
swear that he has read the ordinance protested against, and shall 
be examined and certified to by the Registrar of Voters in all 
respects as herein provided. 


Sec. 36. The petition provided for in this Act shall be signed 
by none but legal voters of the city. Each petition shall contain, 
in addition to the names of the petitioners, the street and house 
number in which the petitioner resides, his age and length of resi- 
dence in the city, and the number of his registration certificate, 
and the numbers of his poll tax receipts for the two preceding 
years. 


The wilful failure of the Registrar of Voters to affix his certifi- 
cation to any list complying with the provisions of this Act, or his 
wilful false certification to any list not in compliance with the pro- 
visions of this Act, or the signing by any individual of the name 
of another either to the petition or affidavit, or verification thereof, 
or any wilful false statement by the person signing such petition, 
or the wilful false verification by any officer authorized to adminis- 


eS 


ter oaths, shall subject such offender to a fine of not less than 
five hundred dollars, nor more than one thousand, or imprisonment 
for not less than three months, nor more than one year, or both, 
at the discretion of the court. 


REVENUES AND EXPENDITURES 


Sec. 37 (as amended by Act 115 of 1921). That the Commis- 
sion Council of the City of New Orleans shall for the purpose of 
this Act, once at the first regular meeting of said Council in the 
month of December, and not oftener, in each and every year, levy 
an annual and uniform tax upon all property in said city, as pre- 
scribed and under the limitations imposed in this Act, for the en- 
Suing year, which said taxes shall be due and payable at the office 
of the Treasurer, under such regulations as the Commission Council 
may establish, from the first day of June to the first day of August, 
inclusive, at the expiration of said date, the first day of August, 
said taxes shall become delinquent; there shall be and is hereby 
imposed an interest penalty of ten per cent. per annum on the 
amount of the tax due, which shall be collected by the city, together 
with and in the same manner as the tax; and at its first regular 
meeting in December, and on the same day annually thereafter, 
shall impose an annual license tax on trades, professions and callings 
as herein prescribed; said licenses to expire on the 31st day of 
December in, the year in which they were obtained, and which 
license tax shall be due and payable at the office of the Treasurer, 
from the first day of January to the 28th day of February, inclu- 
sive, and the interest penalty for delinquency shall be two per cent 
per month. 


It shall be the duty of the City Attorney to aid the City of New 
Orleans in the collection of city licenses provided for by law, and 
upon all licenses and penalties collected through the agency of 
said attorney, the delinquent owing the license shall pay a com- 
mission of ten per cent (10%) calculated upon the aggregate amount 
of license and penalties, to be paid over to the City of New Orleans, 
which said commissions so collected shall be and become a part 
of the general fund of the City of New Orleans. On the second 
day of March of each year, or as soon thereafter as practicable, 
the said Treasurer shall deliver to the City Attorney a complete 
list of all delinquent license tax payers, together with their location 
and kind of business, and said attorney shall immediately proceed 
to collect same in accordance with law. 

Provided, that the clerks of court, sheriffs, constables, or other 
officers shall receive no compensation, commission, salary, docket 
fees, or fees for services in any suit or action for the collection of 
city licenses in which the said city shall have failed toobtain full 
and complete payment and satisfaction of any judgment in favor 
of the City of New Orleans, and provided further that said clerks 
of court, sheriffs, constables, or other officers shall receive no com- 
pensation in any license suit for services rendered in which judg- 
ment has been rendered against the City of New Orleans. 


ae 


Sec. 38. That the Commission Council shall, once in twelve 
months, before fixing and deciding upon the amount of taxes and 
licenses to be assessed for the ensuing year, cause to be made out 
a detailed estimate, exhibiting the various items of liability and 
expenditures, including the requiste amount for all expenses during 
said year, and shall cause the same to be published for at least 
ten days, in the official journal of the city, and such rate of taxation 
as provided by law, on every hundred dollars of valuation, shall 
thereafter be fixed and assessed as, together with other revenues 
of the city, may be necessary to meet said estimated liabilities and 
expenditures. The adoption of said detailed estimates shall be con- 
sidered as the appropriation of the amount therein stated, and the 
Auditor shall not audit, nor the Treasurer draw or sign any checks 
upon the fiscal agent therefor, of any claims unless an appropriation 
therefor has been duly made in accordance with this Act. 


See. 39. The Commission Council, in fixing the budget of 
revenue and expenses, as herein provided for, shall not consider 
and adopt as a revenue, miscellaneous or contingent resources and 
affix thereto either arbitrary or nominal value or amount; but 
whenever such resources are considered and adopted they shall be 
estimated on a real and substantial basis, giving the source whence 
to be derived, a specific sum to be received from each item thereof 
and no more. The Commission Council is hereby prohibited from 
estimating for expenditures to be derived from any uncertain or 
indefinite source, cause or circumstance; but the Commission 
Council shall, by proper ordinances, provide for the receipt and 
disbursement of any sums of money, interests, rights or credits 
that may accrue to the corporation, by behest, grant or any cause 
whatever; and all such sums, rights and interests or credits so 
received shall be and are hereby appropriated for the purpose of 
public works and improvements, the manner and details of such 
appropriations to be ordered by the Commission Council. 


Section 40. The Commission Council shall not, under any pre- 
text whatever, appropriate any funds for the government of the 
corporation to the full extent of the estimated revenues, but shall 
reserve twenty per cent. of said estimated revenues, which reserve, 
and all sums, rights, interests and credfts received from miscel- 
laneous or contingent sources shall be appropriated by the Com- 
mission Council, for the purpose of public improvements, as herein 
provided for; provided, that this section shall not prevent the 
adoption by the Commission Council of ordinances granting fines 
or portions of fines for violations of police regulations in regard 
to streets, parks and public places to the Commissioners appointed - 
by the Commission Council to administer such streets, parks and 
public places or prohibit the payment to such Commissioners of 
such fines or portions of fines. 

Sec. 41. That all the real and personal property in the Parish 
of Orleans and the City of New Orleans, whether owned by indi- 
viduals or corporations, shall, for the purposes of this Act, be liable 
to taxation, subject only to the exemptions in the Constitution of 


pg = 


this State; the term real estate as used in this Act shall be con- 
strued to include land and all buildings, machinery and structures 
of every kind erected upon or affixed to the same, all immovable 
property, whether so by nature or destination; the term personal 
property shall be construed to include all household furniture, 
moneys, jewelry and plated goods or wares, goods, chattels, in- 
comes, debts from solvent debtors, whether on account, contract, 
note, due bill, bond, certificate, sale, stock or share of stock in any 
incorporated bank, railroad or other institution, certificate or any 
other obligations, public stock, all stocks, moneyed or otherwise, 
and general property which is not real and known to law of the 
State as movable; the term income shall be construed to include 
all moneys, salaries, wages, pay, commissions, brokerage and fees 
received in compensation for labor and services rendered, all reve- 
nues and dividends received upon stocks in moneyed corporations 
not already taxed. 


PAVING AND PUBLIC IMPROVEMENTS 


Sec. 42 (as amended by Act 105 of 1921). Definitions. The fol- 
lowing definitions shall govern the interpretation of Sections 42, 
43, 44, 45, 46, 47, 48, 49 and 50, of this charter: 


(a) “Streets.” The term “street” shall be given its ordinary 
legal signification and accordingly shall be and is hereby construed 
to mean any way over land set apart for public travel in the City of 
New Orleans, no matter by what name it may be called, and is 
hereby declared to embrace any and all divisions and subdivisions 
of such way from property line to property line, including sidewalks 
or banquettes, roadways, neutral grounds, esplanades, center strips, 
intersections, and other divisions and subdivisions, as such divi- 
sions and subdivisions exist or may at any time be established or 
re-established by the City of New Orleans. 


(b) “Roadway.” The term “roadway” shall be and is hereby 
construed to mean and embrace neutral grounds, center strips, 
intersections, and all other divisions and subdivisions of streets 
except sidewalks or banquettes, as established or re-established at 
any time by the City of New Orleans. 

(c) “Paving.” “Paving of Streets.” The word “paving” and 
the term “paving of streets” shall be and are hereby construed to 
mean and embrace two classes, viz., (1) Paving of roadways, and 
(2) banquetting, or paving of sidewalks or banquettes. The term 
“Paving and Repair” shall include paving, repaving, surfacing, re- 
surfacing and repair. 

(d) “Paving of Roadways.” Paving of roadways shall be and 
is hereby construed to mean and embrace two classes, viz., (1) 
Original paving of roadways, and (2) repaving of roadways. 

(e) “Banquetting.” Banquetting, or paving of sidewalks or 
banquettes, shall be and is hereby construed to mean and embrace 
two classes, viz., (1) Original banquetting, or original paving of 
sidewalks or banquettes, and (2) rebanquetting or Beet ae of side- 
‘walks or banquettes, 


Bish ¥) Was 


(f) “Original Paving of Roadways.” Original paving of road- 
ways shall consist of grading, concrete foundation or other foun- 
dation, wearing surface, new curb, new counter curb, relining and 
resetting existing curb and counter curb, gutter bottoms, culverts, 
and sub-surface drains not exceeding ten (10) inches in diameter, 
together with all manholes, catch basins and excavations incidental 
thereto. 


(g) Original paving of roadways shall also include the filling 
or cutting down of sidewalks not at established grade, the in- 
stalling of house drains, hand holes or cleanouts and connections, 
the taking up and relaying of sidewalk pavements not at established 
grade, the repairing of sidewalk pavement not in good condition, 
the construction of new sidewalk pavement where none exists, the 
substituting of modern for antiquated sidewalk pavement, and 
the construction of driveways. 


(h) “Repaving of Roadways.” Repaving of roadways shall 
consist of removing old pavements, grading, concrete or other foun- 
dation, wearing surface, new curb, new countercurb, gutter bottoms, 
culverts, relining and re-setting existing curb and countercurb, 
and subsurface drains not exceeding ten (10) inches in diameter, 
together with all manholes, catch basins and excavations incidental 
thereto. 


(i) Repaving of roadways shall also include the filling or cut- 
ting down of sidewalks not at established grade, the installing of 
house drains, handholes or cleanouts and connections, the taking 
up and relaying of sidewalk pavement not at established grade, the 
repairing of sidewalk pavement not in good condition, the con- 
struction of new sidewalk pavement where none exists, the sub- 
stituting of modern for antiquated sidewalk pavement, and the 
construction of driveways. : 

(j) “Original banquetting.” Original banquetting, or original 
paving of sidewalks or banquettes, shall consist of new curb, new 
counter curb, relining and re-setting existing curb and counter curb, 
gutter bottoms, culverts, subsurface drains not exceeding ten (10) 
inches in diameter, together with all manholes, catch basins and 
excavations incidental thereto, the filling or cutting down of side- 
walks or banquettes not at established grade, installing house 
drains, hand holes or clean-outs and connections, taking up and 
relaying sidewalk or banquette pavement not at established grade, 
repairing sidewalk or banquette pavement not in good condition, 
and constructing new sidewalk or banquette pavement where none 
exists. 

(k) “Rebanquetting.” Rebanquetting, or repaving of side- 
walks or banquettes, shall consist of removing and reconstructing 
on different grades, or for the purpose of changing the character 
of the materials, or for the purpose of making additions to existing 
banquette or sidewalk pavement, of the following items of work: 
curb, counter curb, relining and resetting existing curb and counter 
curb, gutter bottoms, and sub-surface drains not exceeding ten (10) 
inches in diameter, together with all manholes, catch basins and 


ame 


excavations incidental thereto, filling or cutting down of sidewalks 
or banquettes not at established grade, installing house drains, 
hand holes or cleanouts and connections, taking up and relaying 
sidewalks or banquette pavement not at established grades, re- 
pairing sidewalk or banquette pavement not in good condition, 
and eee new sidewalk or banquette pavement where none 
exists. 

Sec. 43 (as amended by Act 105 of 1921). Repair and Main- 
tenance of Streets in General. All paved and unpaved streets in 
the City of New Orleans shall, except as otherwise specially pro- 
vided, bé kept in repair and maintained in good order and condition 
by the City of New Orleans at its expense. 

Unusual repairs to unpaved streets. But whenever the repairs 
of any unpaved street are, in the judgment of the Commission 
Council, unusual in character and extent, the Commissioner of 
Public Property shall have authority to make such repairs, either 
by contract after ten (10) days advertisement, or, if after obtain- 
ing bids it can be done more cheaply, by purchase of necessary 
materials and employment of necessary labor the cost thereof to 
be assessed as hereinafter provided, and apportioned, paid and 
collected, in the manner hereinafter prescribed for original paving 
of sidewalks; provided, however, that the Commissioner of Public 
Property shall before exercising the authority hereby conferred 
publish notice in the official journal of the city once a week for four 
(4) weeks, of his intention so to do, and in order to afford the 
owners of abutting properties an opportunity to petition for sich 
other improvement as they may desire, the Commissioner of Public 
Property shall not execute the said work earlier than sixty (60) 
days after the expiration of said publication. 

Repair and maintenance of sidewalks... All paved and unpaved 
banquettes or sidewalks in the City of New Orleans shall be kept 
in repair and maintained in good order and condition by the own- 
ers of the real properties abutting upon the same. 

The Commission Council shall establish grades and regulations 
to govern the construction and maintenance of banquettes or side- 
walks and the pavements thereof, to be complied with by the own- 
ers of abutting properties, and shall enforce observance thereof by 
fine or imprisonment or both. 

Section 44 (as amended by Act. 105 of 1921). Paving of streets, 
generally. The Commission Council, upon its own motion or upon 
the petition of property owners, may provide for the paving of any 
street, or portion thereof, in the City of New Orleans, in accordance 
with the provisions of Sections 44, 45, 46, 47 and 48, of this charter. 

Paving of streets on motion of Commission Council. The Com- 
mission Council may, upon its own motion, provide for the paving 
of any street, or portion thereof, in the City of New Orleans, after 
due notice of its intention so to do shall have been published in the 
official journal of the city four (4) times within fifteen days. 

Paving of streets on petition of property owners. Whenever the 
owners of sixty (60) per cent, or more, of real property abutting 


= Sater 


on any street, or portion thereof, shall petition the Commission 
Council to provide for the paving of the street, or portion thereof, 
upon which their properties abut, the Commission Council shall have 
the petition published in English in the official journal of the city 
four (4) times within fifteen (15) days. ) 


Withdrawals and additions to petition. At any time on or be- 
fore, but not after, the tenth day following the last publication of 
said petition, property owners shall have the privilege of withdraw- 
ing their signatures from said petition; and at any time on or be- 
fore, but not after, the twentieth day following said date of last 
publication, owners of abutting. property within the limits of the 
proposed improvement shall have the right of adding their signa- 
tures to said petition, whether their signatures were on said peti- 
tion originally or not. Such withdrawals and additions, however, 
shall not necessitate republication of the petition. | 


Sixty per cent required to sign. If at the expiration of the time 
for withdrawing signatures from said petition or at the expiration 
of the time for adding signatures thereto, the extent of the peti- 
tion, as modified by all timely withdrawals and additions of signa- 
tures, shall be not less than sixty (60) per cent of the total prop- 
erty frontage included within the limits of the proposed improve- 
ment, the Commission Council shall, by ordinance, direct the prep- 
aration of plans and specifications for the paving petitioned for. 


Bids to be invited for all suitable types of pavement. In any 
case of paving, whether upon petition of property owners or upon 
motion of the Commission Council, the Commission Council shall 
invite bids for as many kinds, characters or types of pavement as 
are suitable for the proper construction of the proposed improve- 
ment. 


Bids to be published. After all bids for paving have been re- 
ceived and opened as herein provided for, the Commissioner of 
Public Property shall publish once a week for four (4) weeks, in 
the official journal of the City, a tabulated statement giving the 
name of the street to be paved, the character of the pavement for 
which bids were received, the name of the lowest bidder for each 
eee: of pavement, and the prices bid therefor by said lowest 

idders. 


Designation of the type of pavement. Within thirty days after 
the first publication of said tabulated statement, the owners of real 
property abutting upon the street to be paved, shall have the right, 
by petition addressed to the Commission Couniil, to designate which 
of the several kinds, characters or types of pavement thus published 
they prefer; and in the event that the owners of thirty-three (33) 
per cent or more of the real property abutting on said street shall 
agree in the designation of any particular character of pavement 
thus advertised, the pavement thus designated shall be adopted by 
the Commission Council, and contract shall be awarded to the lowest 
bidder for the particular kind, character or type of pavement so 
designated by the property owners. 


nih Rees 


Should more than one such petition be submitted to the Com- 
mission Council, each of which shall represent thirty-three (33) or 
more per cent of the abutting properties, then and in that event the 
petition having the greater percentage shall govern. 

Should no such petition be presented within the thirty days 
aforesaid, or if the owners of thirty-three (33) per cent or more of 
the real property abutting on the street to be paved fail to agree in 
the designation of any particular kind, character or type of pave- 
ment published as aforesaid, then and in that event the Commission 
Council shall designate which of the several kinds of pavement thus 
published shall be used in the paving of said street, and contract 
shall be awarded to the lowest bidder for the particular kind of pave- 
ment so designated by the Commission Council. 


Types of pavement for heavy traffic. Provided, however, that 
in any case of paving of roadways, and although the owners of 
thirty-three (33) per cent or more of the real property abutting on 
the street to be paved may have designated a particular kind of 
standard pavement as provided above, the Commission Council may, 
in order to effect and meet the requirements of a thoroughfare for 
heavy traffic, designate a type of pavement more suitable than the 
type of pavement selected by the petitioners, and award the contract 
therefor to the lowest bidder; in which event the City of New Or- 
leans shall, if the pavement thus designated by the Commission 
Council be more expensive than that selected by the property own- 
ers, bear such portion of the cost of paving between intersections 
and at intersections as shall be not less than the difference between 
the cost of the type of pavement selected by the petitioners and the 
cost of the more expensive type of pavement designated by the Com- 
mission Council, the other portion of the cost of such paving to be 
apportioned and borne as hereinafter prescribed in Section 45; pro- 
vided that the City of New Orleans may, in the discretion of the 
Commission Council, bear the entire cost of such paving, between 
intersections and at intersections. The Commission Council, how- 
ever, shall be the sole and final judge of the various types of pave- 
ments, of the difference between the costs of same, and of the 
necessity for the designation of the more suitable type of pavement. 

Patented or proprietary articles. Bids may be invited and re- 
ceived and contracts may be made for the use of patented or pro- 
prietary articles in any case of paving or repairing of streets, pro- 
vided the owners of such patented or proprietary articles shall, at 
the time of or prior to the adoption of the ordinance directing the 
preparation of plans and specifications, file with the Commission 
Council a written agreement to sell their patented rights and pro- 
prietary articles to any and all persons for a fixed royalty for their 
patented rights and for a fixed price for their proprietary articles on 
equal terms and conditions satisfactory to the Commission Council. 

Subdivisions and alterations of streets. Property owners may 
suggest in their petition such divisions or subdivisions of the street 
and such alterations of existing divisions and subdivisions as they 
may desire to be made, but the Commission Council shall in all cases 


Joy ee 


have full power and authority finally to decide what if any divisions, 
subdivisions or alterations shall be made. 

Actions. All actions to enjoin or prevent any paving or other 
work of street improvement provided for in Sections 42 to 49, in- 
clusive, of this charter, and all actions based upon any informality 
in petitions, advertisements and other proceedings leading up to the 
contract for the work of such paving or improvement, must be insti- 
tuted in a court of competent jurisdiction prior to the signing of 
said contract, and after the signing of said contract any and all such 
actions shall be prescribed; provided that the foregoing limitations 
of actions shall not apply to actions instituted by the City of New 
Orleans. 

Contracts. The Commission Council shall have full power and 
authority to fix terms of payment to contractors, and periods of 
maintenance, as well as terms to guarantee the same; and it shall 
and is hereby directed to invite separate bids and to award separate 
contracts for such portion of the work of street paving as includes 
sidewalks, sub-surface drains, culverts, curbs, counter curbs and 
gutter bottoms, and to invite separate bids and to award separate 
contracts for all other items of work which is included in street 
paving. 

Section 45 (as amended by Act 105 of 1921). Apportionment of 
cost. The apportionment of the cost of paving shall be governed 
by the following provisions of this section: 


(a) The cost of original paving of roadways (as described in 
paragraph (f) of Section 42), when ordered by the Commission 
Council upon the petition of property owners or upon its own mo- 
tion, shall be apportioned as folows: 

The entire cost of such paving between intersections shall be 
equally apportioned on the basis of foot frontage, and shall be borne 
by the owners of the real property abutting on the street or portion 
which shall have been paved. 

One-half of the cost of such paving, at intersections, shall be 
equally apportioned on the basis of foot frontage, and shall be borne 
by the owners of real property abutting on the street or portion 
thereof which shall have been paved, and one-half of the cost of 
such paving, at intersections, shall be equally apportioned on the 
basis of foot frontage,.and shall be borne by the owners of real 
property abutting on the intersecting streets within one-half of the 
length of each block on each side of the intersections; provided that 
if the area of the intersection to be paved shall exceed three hun- 
dred and sixty square yards, then and in that event the owners of 
abutting real property shall be assessed for paving of said inter- 
sections as herein provided only to the extent of the said three 
hundred and sixty square yards, and the excess shall be borne by 
the City of New Orleans; provided further, that in the case of un- 
usual intersections, such as occur at diagonal corners forming tri- 
angles of private ‘property, the owners of the property in such 
triangles shall not be charged a larger amount of the intersections 
than the rate per front foot charged property owners on the other 


eed (fame 


streets intersecting the street paved and the additional cost in such 
cases shall be borne by the City of New Orlans. 

(b) In addition to their proportion of the cost of original 
paving of roadways (as described in paragraph (f) of Section 42), 
property owners shall bear the costs of such items of work de- 
scribed in paragraph (g) of Section 42 as may be actually executed 
abreast, or on the side, of their property. 

(c) The cost of repaving of roadways (as described in para- 
graph (h) of Section 42), when ordered by the Commission Coun- 
cil upon the petition of property owners, shall be apportioned as 
provided for the apportionment of the cost of original paving of 
roadways in paragraph (a) of this section.’ 

(d) The cost of repaving of roadways (as described in para- 
graph (h) of Section 42), when ordered by the Commission Coun- 
cil upon its own motion, shall be apportioned, as prescribed in par- 
agraphs (a) and (b) of Section 45; provided, however, that if the 
roadway ordered to be repaved shall have been paved within twenty 
years prior to the action of the Commission Council, one-half of 
the cost of such repaving shall be borne by the City of New Or- 
leans; provided the Commission Council may, at any time, of its 
own motion or on petition of property owners, order a paved street 
to be merely surfaced or resurfaced, and in such a case the entire 
cost of the work of surfacing or resurfacing shall be borne by the 
owners of abutting property and shall be apportioned as prescribed 
in paragraphs (a) and (b) of Section 45. 

(e) In addition to their proportion of the cost of repaving 
of roadways (as described in paragraph (h) of Section 42), when 
ordered by the Commission Council or upon the petition of prop- 
erty owners, property owners shall bear the cost of such items of 
work described in paragraph (i) of Section 42 as may be actually 
executed abreast, or on the side, of their property. 


(f) The cost of original paving of sidewalks or banquettes 
(as described in paragraph (j) of Section 42), when ordered by 
the Commission Council upon the petition of property owners or 
upon its own motion, shall be apportioned as follows: 


The cost of such paving, between intersections, shall be borne 
by the owners of the real property abutting on the sidewalks or 
banquettes between intersections which shall have been paved, each 
of which properties shall bear the entire cost of such paving actually 
executed abreast, or on the side, of it. 


One-half of the cost of such paving, at intersections, shall be 
equally apportioned on the basis of foot frontage, and shall be borne 
by the owners of the real properties abutting on the street or por- 
tion thereof the sidewalks or banquettes of which shall have been 
paved and one-half vf the cost of such paving shall be equally ap- 
portioned on the basis of foot prontage, and shall be borne by the 
owners of the real properties abutting on the intersecting streets 
within one-half of the length of each block on each side of the in- 
tersections. 


—36— 


(g) The cost of repaving of sidewalks or banquettes (as de- 
scribed in paragraph (k) of Section 42), when ordered by the Com- 
mission Council upon the petition of property owners, shall be ap- 
portioned as prescribed for the apportionment of the cost of orig- 
inal paving of sidewalks or banquettes in paragraph (f) of this 
section. 


(h) The cost of repaving of sidewalks or banquettes (as de- . 
scribed in paragraph (k) of Section 42), when ordered by the Com- 
mission Council upon its own motion, shall be apportioned as fol- 
lows: ; 

One-half of the cost of such repaving, between intersections 
and at intersections, shall be apportioned as prescribed for the 
apportionment of the cost of original paving of sidewalks or ban- 
quettes in paragraph (f) of this section, and one-half of the cost 
of such repaving shall be borne by the City of New Orleans. 


(i) Should it be necessary in any case of paving to install sub- 
surface drains larger than ten (10) inches in diameter, only so 
much of the cost of installation of such drains as would be equiv- 
alent to the cost of installing sub-surface drains ten (10) inches 
in diameter shall be included in the cost of paving. 


(j) Should sub-surface drains, manholes, handholes, clean- 
outs, house drains and connections have been installed in a street, 
or portion thereof, in advance of paving, so much of the cost of 
installation of such sub-surface drains, manholes, etc., as would be- 
equivalent to the cost of installing sub-surface drains ten (10) 
inches in diameter and all work incidental thereto, shall be included 
in the cost of paving, just as though such sub-surface drains, man- 
holes, etc., had not been previously installed. 


(k) Obligations of franchise grantee. In the event an obliga- ~ 
tion has been heretofore, or may be hereafter imposed upon the 
grantee of any privilege, right or franchise, under any ordinance 
of or contract with the City of New Orleans, to pave, repave, re- 
surface, maintain or repair any part or portion (herein called 
“right of way’) of any street in said city, or to pay all or any part 
of the city’s cost of paving, repaving, resurfacing, maintaining or 
repairing such right of way under pre-existing laws and ordinances 
then, whenever the residue of the roadway shall be ordered paved, 
repaved, rsurfaced, maintained or repaired, the Commission Coun- 
cil may order the grantee to pave, repave, resurface, maintain or 
repair its said right of way and may fix the time within which said 
paving, repaving, resurfacing, maintenance or repair shall be com- 
pleted, and the materials of which it shall be composed and the 
specifications under which it shall be laid or done, and such grantee 
shall comply with the requirements of the Commission Council in 
that behalf. If the grantee fails to comply with his obligations and 
the requirements of the Commission Council within the time speci- 
fied, the city may proceed to do the work, by contract or otherwise, 
and collect the cost thereof from the grantee, with ten per cent per 
annum interest. 


pe, ae 


(1) Landings, Levees and Public Property. In any case of pav- 
ing, whether of roadways or of sidewalks, herein provided for, on 
which abutts public landings or levees or public property, except 
such portions of streets or such strips of land known as center 
strips, neutral grounds, esplanades or promenades, the City of New 
Orleans, shall, with the exception stated, assume the obligation 
herein prescribed for owners of abutting real property to the ex- 
tent of such abutting public landings, levees and public property, 
and except to the extent herein stated, no provision herein referring 
to the obligations of owners of abutting proprty shall be construed 
as apply to the City of New Orleans as the owner of abutting real 
property. . 

Section 46 (as amended by Act 105 of 1921). Assessment and 
payment of the cost of paving. The assessment of the cost of 
paving streets, and the terms of payment thereof, shall be subject 
to the provisions of this section. 


Special assessment. The Commission Council shall have power 
and it shall be its duty to levy and collect, in the manner herein- 
after prescribed, a special assessment against property owners for 
their portion of the cost of paving, repaving, surfacing, resurfacing 
and repairing streets or portions thereof as hereinafter provided. 

Installment payments—roadways. The payment of the cost of 
original paving of roadways, of the cost of repaving of roadways, 
and of the cost of surfacing or resurfacing roadways shall not be 
required to be made in less than ten (10) equal annual installments.: 


Installment payments—sidewalks. The payment of the cost of 
original paving of sidewalks or banquettes and of the cost of re- 
paving of sidewalks or banquettes shall not be required to be made 
in less than three (3) equal annual installments. 


Interest on deferred payments. In all cases interest shall be 
paid on all deferred payments, such interest to accrue from the 
date of delivery of the certificates provided for in Section 47, and 
to be at the same rate (not exceding six pr cent per annum) as 
that borne by said certificates. . 


Payment in full. Property owners shall have the right at any 
time during the period of their indebtedness to pay the whole 
amount of the cost of paving and repairing of streets assessed 
against them, together with interest, as follows: If such payment 
shall be made on or before October 10th in any year, the property 
owner shall pay interest upon all of the unpaid assessments to and 
including the 31st day of December next ensuing; if such payment, 
however, shall be made subsequent to the 15th day of October in 
any year, the property owner shall pay interest upon all the un- 
paid assessments to the 31st day of December of the year following 
the year in which such payment is made. 

Failure to Pay Installment. Failure to pay any installment 
- shall have the effect of maturing all unpaid installments, and the 
hereinafter provided lien on the property may then be enforced 
for the entire amount due by such property. 


Sere 


Section 47 (as amended by Act 105 of 1921). Collection and 
disbursement of moneys. The following method shall govern the 
collection and disbursement of moneys, both principal and interest, 
in connection with the paving and repair of streets as hereinbefore 
set forth. 

Bids—when received. All bids for the paving and repair of 
streets payable out of the funds derived from the sale of the here- 
inafter described certificates issued against any one year, shall be 
made and submitted to the Commission Council during the preced- 
ing year and by not later than October 1st of that year; provided 
that bids for the paving and repair of streets payable out of the 
funds to be derived from the sale of the hereinafter described cer- 
tificates to be issued against the year 1922 may be made and sub- 
mitted to the Commission Council up to and including the 15th day 
of the month of April, 1922. 


Annual estimate of cost. By not later than November 15th of 
each year the Commissioner of Public Property shall furnish the 
Commission Council and the Commissioner of Public Finances an 
estimate of the cost of paving and repair of streets to be executed 
during the succeeding year; provided, however, that the Commis- 
sioner of Public Property shall not be required.to furnish the Com- 
mission Council and the Commissioner of Public Finance an esti- 
mate of the cost of the paving and repair of streets to be executed 
during the year 1922 until the first day of the month of June, 1922. 

Certificates—issuance. After the receipt of said estimate of 
cost, the Commission Council shall by ordinance authorize the is- 
suance of certificates to such an amount that the net amount re- 
ceived from the sale of same shall be equal to said estimate of 
cost, and shall direct the Commissioner of Public Finances to ad- 
vertise and sell said certificates, by sealed proposal, to the highest 
bidder. 

Certificates—sale. The Commission Council when it determines 
the total amount of paving certificates it proposes to issue to pay 
the cost of any year’s paving of streets as last hereinabove provid- 
ed, may sell and deliver at one time to one, or to more than one, bid- 
der, the entire amount of paving certificates so authorized, or in its 
discretion may offer, sell and deliver them in convenient install- 
ments from time to time as the Commission Council may then or 
may thereafter designate. The Commission Council shall have the 
right to reject any and all bids. 

Certificates—form. Such certificates shall be neatly engraved 
or printed, and numbered, and entitled “Paving Certificates of the 
City of New Orleans.” They shall show on their face the year of 
their issue, when they will be paid, and the annual rate of interest. 
They shall be signed by the Mayor, the Commissioner of Public 
Finances and the Commissioner of Public Property, and shall be 
issued in denominations of $100.00, $500.00 or $1,000.00, as the 
purchaser may elect. 

Certificates—selling price—interest. Paving certificates of in- 
debtedness ‘shall not be sold for less than ninety-five per cent of 


ao (ve 


their par value; they shall bear such interest as the Commission 
Council may fix, not exceeding six per cent per annum interest, 
from the first day of January of the year of their issue until paid; 
and said interest shall be paid semi-annually on the first of July and 
the first of January of each year, on detachable coupons. Par value, 
as used herein, shall mean principal and interest accrued to date 
of delivery. 


Certificates—maturity: Paving certificates issued in connection 
with the paving of roadways shall extend for a graduated period of 
eleven years, and shall mature in ten equal annual installments; and 
paving certificates issued in connection with banquetting or paving 
of sidewalks or banquettes, and repair of streets shall extend for a 
graduated period of four years, and shall mature in three equal 
annual installments. The first installment of such certificates shall 
mature two years from the year of their issue. On the first day of 
January of the second year after the year of issue, and annually 
thereafter, the City of New Orleans shall be obligated to redeem 
one-tenth of each issue of such certificates issued in connection with 
the paving of roadways and one-third of each issue of such certifi- 
cates issued in connection with banquetting, or paving of sidewalks 
or banquettes, and repair of streets; but the City of New Orleans 
may, on said dates, redeem a greater amount of said certificates, 
provided notice of its intention so to do shall have been published 
in the official journal of the city twice a week for two (2) weeks 
during the month of the preceding November. The City of New 
Orleans shall also be obligated to pay the interest on all outstanding 
certificates on the first day of July and the first day of January of 
each year. 


Certificates—negotiable. The paving certificates of indebted- 
ness herein described shall be payable to bearer, and are declared to 
be negotiable instruments, and shall be included in the securities 
described in Act No. 71 of the General Assembly of the State of 
Louisiana, Session of 1904, and the same are hereby made accept- 
able for deposit with the Treasurer of the State of Louisiana in 
accordance with the terms, conditions, etc., of that act. 


Certificates—proceeds. The funds derived each year from the 
sale of paving certificates shall be appropriated by the Commission 
Council for the payment of the paving and repair of streets in con- 
nection with which said certificates were issued and sold; and pend- 
ing their disbursement said funds shall be deposited with the fiscal 
agent of the city to the credit of a special account to be known as 
“Paving Account,” and whatever interest shall be earned thereon 
shall be credited to said fund.- Against this account shall be charged 
the amounts paid out under paving contracts. Provided, that the 
successful bidder or purchaser of the certificates shall have an option 
of receiving deposits of the funds received from the certificates 
which he has purchased by furnishing the same security and paying 
the same rate of interest and complying with the same conditions 
as are required of the fiscal agent of the city. 


—40— 


Section 48 (as amended by Act 105 of 1921). Assessment of 
Cost—statement. Upon completion of each case of paving or re- 
pairing of streets and when the apportionment of the cost due by 
each proprietor has been ascertained and determined in the manner 
herein provided, the Commissioner of Public Property shall issue a 
statement of assessments, which statement shall give a brief de- 
scription of the properties against which the cost of such paving or 
repair of streets shall be assessed, the names of the proprietors 
thereof as shown by the assessment rolls at the time the statement 
is made, and the amount of the portion of the cost of such paving 
and repair of streets payable by each property, with interest upon 
each assessment from the date of the delivery of the certificates 
described in Section 47 at the same rate as borne by said certifi- 
cates; and the issuance of such statement of assessments by the 
Commissioner of Public Property shall be prima facie evidence that 
all legal formalities have been complied with and that the paving or 
repair of the street has been executed in compliance with the con- 
tract relating to and governing the same. 


The Commissioner of Public Property shall, within ten days 
after the issuance of said statement of assessments, furnish the 
Commissioner of Public Finance copies thereof; and the Commis- 
sioner of Public Finances shall add to the regular tax bill of each 
property against which the cost of paving and repair of streets is 
assessed the amount due by it for principal and interest in accord- 
ance with the terms of Sections 42, 48, 44, 45, 46, 47 and 48 of this 
charter, which amount shall be collected in the manner fixed by law 
for the collection of regular city taxes, subject to the same penalties 
for delinquency. 


Recordation in Mortgage Office. The Commissioned of Public 
Finance shall, within ten days after he has received said copies from 
the Commissioner of Public Property, furnish a copy of such state- 
ment of assessments to the Recorder of Mortgages for the Parish 
of Orleans, and the said Recorder shall immediately file the state- 
ment of assessments delivered to him, and shall retain and keep the 
same among the record books of his office, and it shall be and con- 
stitute a part of the records of the same. He shall index the said 
statement of assessments in the current mortgage book under the 
head of “Statement of Paving Assessments for the year .................. ne 
but no further record thereof shall be necessary or be paid for; 
provided that the failure of the said Recorder to mark the said state- 
ment of assessments ‘‘filed,” or to index the same, shall in no way 
prejudice the rights of the City of New Orleans. 7 


Lien and Privilege. From the date that the said statement of 
assessments is filed in said Mortgage Office it shall act as a first lien 
and privilege on each specific real property thereon assessed, and 
said lien and privilege shall be superior to vendor’s len and any 
other privileges or mortgages, and shall remain in force for the 
amount due, in principal and interest, including costs of court, if 
any, for collecting, until final payment has been made. ~ 3 


seh TS 


Said filing in the Recorder’s office shall be full notice to each tax- 
payer, and to each other person whom it may concern, of the assess- 
ment of the real properties listed on said statement of assessments, 
and that the said statement of assessments is on file in the office of 
the Commissioner of Public Finances and in the office where the 
mortgage records are kept, and that the cost of paving and repair 
of streets assessed against said properties are due and collectible as 
provided by law. 

Certificates—Payment. Security. All assessments of paving 
and repair of streets made against the properties from which they 
are due, and all such assessments collected from said properties and 
all liens, privileges, etc., herein accorded to the City of New Orleans 
on said properties, shall be and they are hereby pledged for the pay- 
ment in principal and interest of the paving certificates issued in 
connection with such paving and repair of streets; and all such col- 
lections, as well as such surplus from the proceeds of the sale of 
certificates over and above the amount necessary to pay and dis- 
charge the contracts for the paving and repair of streets, shall be 
and are hereby dedicated as a special fund, to be known as the 
“Paving Certificates Redemption Account,” for the payment of prin- 
cipal and interest of the certificates herein provided for. In the 
event that at the time of the maturity of the interest coupons of 
any certificate or of the principal of any certificate there should not 
be sufficient funds to the credit of said account to pay said interest 
or said principal, then and in that event, and only in that event, and 
to the extent that said account shall be insufficient for such pay- 
ment, the same shall be paid out of the general fund of the City of 
New Orleans. 

Said paving certificates are hereby declared to be the direct 
obligations of the City of New Orleans, chargeable primarily against 
the special assessments in respect of which they are issued and 
secondarily against the revenues of the City of New Orleans derived 
from taxation for general municipal purposes and from sources 
other than the taxes for the payment of the principal and interest 
of bonds of the City of New Orleans now outstanding or hereafter 
to be issued, which revenues shall be applied in payment of such 
paving certificates only in the event and to the extent that such 
special assessments and funds specially dedicated to the payment of 
the principal and interest of such certificates shall be insufficient 
for such payments, and reimbursement shall be made to the general 
fund of the City of New Orleans when the assessments are collected 
‘to the extent of the amount said general fund shall have contributed 
to the payment aforesaid. Nevertheless, the proceeds of said assess- 
ments and funds specially dedicated to the payment of principal and 
interest of such certificates shall be rigidly and exclusively adminis- 
tered and applied to the payment of said paving certificates and to 
no other purpose whatsoever. 

Section 49 (as amended by Act 105 of 1921). Paving of Side- 
walks of One Block. (a) Whenever the Commissioner of Public 
Property shall deem it necessary to pave, repave or repair the whole 


= Ag 


or any part or portion of any banquette or sidewalk not exceeding 
one block in length, said Commissioner shall serve written notice 
upon the agents or representatives of the owners of the real prop- 
erties abutting upon said sidewalks or banquettes to pave, repave or 
repair such sidewalks or banquettes within twenty (20) days there- 
after in accordance with plans and specifications to be furnished by 
said Commissioner. Should the owner of such abutting property 
have no residence in the City of New Orleans or agent or representa- 
tive known to said Commissioner, the notice hereinabove referred 
to shall be posted in, on or about the premises to be affected. 


If during the aforesaid period of delay a property owner should 
feel that there is no proper reason or necessity for the Commis- 
sioner of Public Property to exercise the power herein granted, he 
shall have the right to appeal to the Commission Council for relief 
and pending action on such appeal the time for compliance with the 
said order of the Commissioner of Public Property shall be cor- 
respondingly extended. 


(b) Upon failure of said property owners to comply with said 
notice within said delay, the Commissioner of Public Property shall 
cause such sidewalk or banquette to be paved, repaved or repaired 
under contract solicited by him, in writing, under sealed proposals, 
from at least three reputable contractors, and under such terms and 
stipulations as may be prescribed by said Commissioner and with- 
out the necessity of public advertisement, and shall award the 
contract for such work to the lowest bidder; or should the Com- 
missioner of Public Property deem it more expedient, he shall have 
full power and authority to purchase all materials and employ all 
labor necessary to the execution of said work. 


(c) Upon completion of said work, the Commissioner of Public 
Property shall issue a bill against each property owner for his por- 
tion of the cost of said work, which shall be due in cash within ten 
days after presentation of said bill. Should any bill not be paid 
within said delay, the amount thereof shall be paid by the Commis- 
sioner of Public Finance on the order of the Commissioner of Public 
Property, out of a fund which the Commission Council shall have set 
aside by previous appropriation for that purpose, and the Commis- 
sioner of Public Finance shall add the amount of said bill, plus 
interest at such rate, not exceeding six per cent per annum, as the 
Commission Council may from time to time fix by general ordinance, 
to ‘the next tax bill of said delinquent property owner. The amount 
so due for principal and interest shall constitute a first privilege 
superior to vendor’s lien and any other privilege or mortgage, and 
shall be due by such property until paid, though the same be trans- 
ferred or conveyed by sale for taxes or otherwise; and it shall be 
sufficient evidence of such indebtedness to record a bill therefor in 
the office of the Recorder of Mortgages for the Parish of Orleans 
within sixty days from the date of the default of payment. The 
amount of said bill, and the interest thereon, when collected, shall 
be returned to the fund from which it was paid. 


pace”: alive 


(d) Bills issued by the Commissioner of Public Property and by 
the Commissioner of Public Finance in accordance with the provi- 
sions of this section shall be prima facie evidence that all legal 
formalities have been complied with and that the work ordered or 
executed by the Commissioner of Public Property has been properly 
and satisfactorily done. 


Section 50 (as amended by Act 105 of 1921). Whenever the 
owners of one-fourth of real property, measured by area, abutting 
on or contiguous to any street or streets or proposed street or 
streets shall, by petition signed by petitioners and addressed to the 
Commission Council, ask for the opening, widening, re-alignment or 
re-arrangement or straightening of such street or streets or pro- 
posed street or streets, setting forth in said petition the length, 
width and direction of said street or streets or proposed street or 
streets, and the change to be made therein, together with a descrip- 
tion of the abutting and the contiguous real property and the names 
of the owners thereof, said Commission Council shall, if it deem the 
same for the public benefit, cause said petition to be published in 
English in the official journal of the city, once a week for four 
weeks, and if at the expiration of said publication so made of said 
petition, the owners of a majority of said adjacent and abutting 
property measured by area shall not, by petition signed by petition- 
ers and addressed to the Commission Council, object to the same, 
the Commission Council shall, by resolution or otherwise, order the 
opening, widening, re-aligning, re-arranging or straightening of the 
street or streets or proposed street or streets so petitioned for, the 
cost thereof to be borne by the owners of the property designated 
as abutting and contiguous in the petition heretofore referred to 
and approved by the Commission Council; provided that the Com- 
mission Council may bear such proportion of the cost thereof as 
may be deemed just by the said Commission Council and approved 
by a vote of four members thereof, the balance of said cost to be 
assessed against the owners of the said abutting and contiguous 
property. Such costs of said improvement as are charged against 
the owners of said abutting and contiguous property shall be as- 
sessed in the following manner, to-wit: thirty-three and one-third 
per cent against the front footage upon said street or streets or 
proposed street or streets; sixty-six and two-thirds per cent against 
property described as contiguous and abutting in said petition as 
approved by the Commission Council, said assessments to be made 
proportionately against said property on its assessed value. 

Upon completion of said improvement, the Commissioner of Pub- 
lic Property shall issue a bill against each property owner for his 
portion of the cost thereof, which shall be due in cash within ten 
days after presentation of said bill. Should any bill not be paid 
within the said delay, the amount thereof shall be paid by the Com- 
missioner of Public Finance on the order of the Commissioner of 
Public Property, out of a fund which the Commission Council shall 
have set aside by previous appropriation for that purpose, and the 
Commissioner of Public Finance shall add the amount of said bill, 


Ans 


plus interest at such rate, not exceeding six per cent per annum, 
as the Commission Council may from time to time fix by general 
ordinance, to the next tax bill of said delinquent property owner. 
The amount so due for principal and interest shall constitute a first 
lien and privilege superior to vendor’s lien and any other privilege 
or mortgage, and shall be due by such property until paid, though 
the same be transferred or conveyed by sale for taxes or otherwise; 
and it shall be sufficient evidence of such indebtedness to record a 
bill therefor in the office of the Recorder of Mortgages for the 
Parish of Orteans within sixty days from the date of the default of 
payment. The amount of said bill, and the interest thereon, when 
collected, shall be returned to the fund from which it was paid. 
The Commission Council may provide, if it so desires, for payment 
of the amount due by the property owner in installments; all de- 
ferred payments to bear interest at such rate, not exceeding six per 
cent per annum, as the Commission Council may prescribe from 
time to time by general ordinance. Bills issued by the Commissioner 
of Public Property and by the Commissioner of Public Finance in 
accordance with the provisions of this section, shaJl be prima facie 
evidence that all legal formalities have been complied with and that 
the work has been properly and satisfactorily done. In case of de- 
linquency, the usual tax penalties shall apply. 


MISCELLANEOUS PROVISIONS. 


OFFICE REGULATIONS. 


Section 51. No member of the Commission Council shall hold 
any other employment or office under the government of the Parish 
of Orleans or the City of New Orleans or the State of Louisiana 
while he is a member of said Commission Council, and no member 
of the Commission Council or any other officer or employee of the 
corporation shall be directly or indirectly interested in any contract 
or job for any work or material, or in any business or contract the 
profits of which might be derived therefrom, or services to be fur- 
nished or performed the expense, price or consideration of which is 
paid from the City Treasury or by any assessment levied by any 
ordinance or resolution of the Commission Council, nor shall be 
surety for any person having a contract, work or business with said 
city or any of its departments for the performance of which secur- 
ity may be required, nor shall be surety for any officer or employee 
under this corporation; and no such officer or employee shall be 
interested directly or indirectly in any contract or job for materials, 
or the profits thereof, or services to be performed for any person, 
firm or corporation, operating steam railway, interurban railway, 
street railways, gas works, waterworks, electric light or power plant, 
heating plant, telegraph line, telephone exchange, or other public 
utility within the territorial limits of said city. No such officer or 
employee shall accept or receive, directly or indirectly, from any 
person, firm or corporation, operating within the territorial limits 
of said city, any steam railway, interurban railway, street railway, 
gas works, waterworks, electric light or power plant, heating plant, 


AR 


telegraph line, or telephone exchange, or other business using or 
operating under a public franchise, any frank, free ticket or free 
service, or accept or receive, directly or indirectly, from any such 
person, firm, or corporation, any other service upon terms more 
favorable than is granted to the public generally. Any violation of 
the provisions of this section shall be a misdemeanor, and every 
such contract or agreement shall be void. 

Such prohibition of free transportation shall not apply to police- 
men or firemen in uniform; nor shall any free service to city officials 
heretofore provided by any franchise or ordinance be affected by 
this section. 

Sec. 52. All the officers and members of the city government 
are required and commanded to attend personally to the duties of 
their office, and are prohibited from absenting themselves from the 
City of New Orleans, unless by permission of the Commission Coun- 
cil, or by permission of the head of his department, for reasonable 
causes, stated and approved. They shall keep their offices open 
from nine o’clock in the morning until four o’clock in the evening, 
and shall require their employees and clerks to be and remain there 
during those hours. 

Sec. 538. No person shall hold more than one office of profit in 
any department and no person shall hold any office of profit under 
this city government while a member of the General Assembly of 
the State of Louisiana or while holding any office of profit or trust 
under the United States or the State of Louisiana, except in the 
militia or that of a notary public. 

Sec. 54. No officer or employee under this government shall re- 
ceive or share in any present, fee, gift or emolument for official 
duties rendered or to be rendered, other than his regular salary or 
pay; and for violation of this provision such officer or employee shall 
be liable to removal or dismissal by the proper authorities. 

Sec. 55. That on the first of January and July of each and every 
year, the head of each department of the city government shall lay 
before the Commission Council an estimate of the supplies and mate- 
rials (within the limitations of the appropriation made in the budget 
for the department) that may be needed in his department during 
the current six months, and the Commission Council shall approve 
or modify in its discretion said estimates, and shall thereupon direct 
the Commissioner of Public Finance to advertise and adjudicate the 
contract to furnish said supplies and materials, or so much thereof 
as may be needed, to the lowest bidder, as provided in Section 60 
of this Act. 

CONTRACTS. 


Sec. 56 (as amended by Act 76 of 1922). That the Commission 
Council shall have no power to make or renew, or extend any lease 
or make any sale of city property except after not less than thirty 
days’ advertisement and free competition and adjudication thereof 
by the Commissioner of Public Property, to the highest or lowest 
bidder, as the case may be, and according as the specifications of the 
said lease or sale may require; provided that the Commission Coun- 


ees 


cil of the City of New Orleans shall be authorized to transfer, lease 
or authorize the use of the old Mortgage Building, situated on the 
corner of Royal and Conti Streets, in Square Number 38, bounded by 
Royal, Conti, Exchange Alley and Bienville Street, to the American 
Legion, or such corporation as may organize for the purpose, under 
such conditions and for such considerations as the Commission 
Council of the City of New Orleans may designate. 

Sec. 57. That the Commission Council be and is hereby prohib- 
ited from making any contract with reference to or payable out of 
any appropriation of the surplus fund of any year, except to the 
extent that such surplus fund shall exist in cash in the City Treas- 
ury at the time of making said contract or appropriation. 


Section 58. All contracts involving more than two hundred and 
fifty and less than five hundred dollars in amount shall be in writing, 
signed and executed in the name of the city by the head of the 
appropriate department and approved in writing by the Mayor and 
a majority of the Commission Council before same shall be binding 
upon the city. | 

See. 59. In all cases in which sealed proposals are provided for 
in this Act it shall be the duty of the Commissioner of Public 
Finance to carefully guard same, and it is hereby made a misde- 
meanor, punishable by fine of not less than two hundred and fifty 
dollars, or imprisonment of not less than three months, or both, for 
any person to break or tamper with the seals of said proposals, or 
open same except in the manner and at the time provided by law. 

Sec. 60. All contracts for public works, or for materials and 
supplies, ordered by the Commission Council, exceeding five hundred 
dollars in amount, shall be offered by the Commissioner of Public 
Finance by public auction after ten days’ advertisement, and given 
to the lowest bidder who can furnish security satisfactory to the 
Commission Council; or same shall, at the discretion of the Com- 
mission Council, be advertised for proposals to be delivered to the | 
Commissioner fo Public Finance in writing, sealed, and to be opened 
by the Commissioner of Public Finance in the presence of the Com- 
mission Council, and given to the person making the lowest proposal 
therefor, who can furnish security satisfactory to the Commission 
Council; provided that the Commission Council shall have the right 
in either case to reject any and all bids or proposals; provided fur- 
ther, that in cases of grave emergency the heads of the various 
departments may, with the written consent of the Mayor, make bills 
for supplies or materials, but in all such cases an immediate report 
in writing of the making of such bills shall be made by the head of 
such department to the Mayor, setting forth the reason of his 
action, which report shall be laid by the Mayor before the Commis- 
sion Council and shall receive the approval of that body before the 
bill shall be paid; provided that this section shall not apply to appro- 
priations made in favor of the Commissioners of Streets, Parks and 
Public Places, appointed by the Commission Council, for the repair, 
maintenance and improvement of streets, parks and public places; 
but said appropriations shall be paid in full to said Commissioners, 


ae [ha 


and shall, with other funds, be by them expended as they deem 
advisable, detailed reports of their expenditure to be made annually 
to said Commission Council, 


SECURITY IN JUDICIAL PROCEEDINGS. 


Sec. 61. In any judicial proceedings where, by law, bond and 
securities are required from litigants, the City of New Orleans shall 
be dispensed from furnishing bond and security. 


WARRANTY. 


Sec. 62. Whenever any action is brought against the city on a 
claim on which the city would have a right of action over against 
another person or corporation, either upon a contract, bond or other 
obligation of whatever nature, the city may in its answer to such 
action require such person or corporation to be made co-defendant 
therein; and if such right of action on the part of the city over 
against such person or corporation is upon a bond or contract with 
sureties, the city may also require the sureties on such bond to be 
made co-defendants, in which case it shall attach a copy of such 
bond or contract to its answer, and thereupon such co-defendants 
may make any defense to such claim that the city may make, and 
shall be liable to pay the judgment, if any, rendered against the city 
and said co-defendants, or any of them, and shall be primarily liable 
on such judgment; but if the city shall at any time pay the whole 
or any part of such judgment, it shall thereupon, to the extent of 
such payment, have and be subrogated to all the rights and remedies 
against such co-defendants upon such judgment as the plaintiffs 
have. 


EQUALITY OF LOCAL ASSESSMENTS. 


Sec. 63. No person or corporation engaged in doing any street 
or banquetting paving or other public work, under any contract, 
agreement or stipulation with the City of New Orleans, or any de- 
partment thereof, the cost, price or consideration of which is to be 
wholly or partially paid by local assessment on any property-holder, 
or front proprietor, shall make, allow or give, or promise, or agree 
to make, allow or give any rebate, deduction, gift or present, or any 
valuable consideration, whereby the actual sum due by the said 
property-holder, as his proportion, shall be in any way reduced or 
diminished, unless the same deduction or allowarice shall be made to 
all persons liable for any part of such assessment and to the City of 
New Orleans; and proof of any such discrimination against the city, 
or any such person liable to the assessment, shall be a complete and 
valid defense as against such persons or corporations, heirs, or 
assigns, doing such work, in any suit or action brought to enforce 
the same, or in any suit or action to recover the value of such work, 
either against the city or any property-holder thus discriminated 
against. 


eyes 


CITY PROPERTY. 

Sec. 64. , That all the rights, title and interest of the City of 
New Orleans as now existing in and to all lands, tenements, heredita- 
ments, bridges, ferries, streets, roads, walks, markets, stalls, levees, 
landing places, buildings and other property of whatever description 
and wherever situated, with all goods, papers, moneys, effects, debts, 
dues, demands, bonds, obligations, judgments and judgment liens, 
actions, rights of actions, books, accounts and vouchers, be and they 
are hereby vested in the City of New Orleans, as incorporated by 
this Act. - 

CONSTRUCTION OF THIS ACT. 


See. 65. In the construction of this Act the following rules 
shall be observed, unless such construction would be inconsistent 
with the manifest intent, or repugnant to the context of the statute; 

1. Whenever the word “River” is used in this Act, the Missis- 
sippi River shall be construed to be the river intended. 

2. Whenever a name of a street is used to indicate a boundary, 
the middle of such street shall be taken as such boundary. 

'3. The word ‘Council’ shall be construed to mean Commission 
Council; the word “‘Councilman” shall be construed to mean Com- 
mission Councilman, and the word “Clerk” or the words “Clerk of 
the Council,” shall be construed to mean Clerk of the Commission 
Council. 

4, Whenever any office or officer is named in any law referred 
to in this Act, or relating to any of the subject-matter included in 
this Act, it shall, when applied to the City of New Orleans, be con- 
strued to mean the office or officer having the same functions or 
duties under the provisions of this Act, or under ordinances passed 
by authority thereof. 

5. The word “electors” shall be construed to mean persons 
qualified to vote for elective officers, under the Constitution of the 
State and laws enacted in pursuance thereof. 


Sec. 66. All powers and duties heretofore vested in the existing 
authorities of the City of New Orleans by the Constitution of this 
State, by act of the Legislature, by city ordinance, or by any other 
authority whatsoever, shall vest in the Mayor and Commission Coun- 
cil provided by this Act, and all ordinances heretofore adopted, 
ordained and promulgated and now existing shall continue to exist 
in full force and effect until changed, altered or repealed in one of 
the modes provided for in this Act. 


Sec. 67. All debts and obligations, bonded or otherwise, now 
owed by the City of New Orleans, and all rights, property, movable, 
immovable and mixed, and all debts, choses in action and all and 
every thing or right which the City of New Orleans may own, claim 
or possess, or may be interested in, shall vest to the same extent in 
the corporation of the City of New Orleans, as organized under this 
Act, and all pending suits, for or against the City of New Orleans, 
shall continue for or against the City of New Orleans as organized’ 
by this Act without the formality of substituting new parties. 


a {0D 


Sec. 68. Wherever and whenever any act of the General Assem- 
bly of the State of Louisiana, or any ordinance of the City of New 
Orleans, makes reference to the Mayor of the City of New Orleans, 
or the City Council of the City of New Orleans, or to any member 
thereof, or to any committee, or to the chairman or any member of 
any committee thereof, such reference shall be construed to apply 
to the Mayor or the Commission Council and the members thereof 
herein provided for, as the case may be. Wherever and whenever 
any act of the General Assembly of the State of Louisiana, or any 
ordinance of the City of New Orleans, provides, or shall provide, 
that any member of the Council of the City of New Orleans, or any 
committee, or the chairman or a member of any committee thereof, 
shall be vested with any powers or duties, or shall be ex-officio a 
member of any other board, commission, committee or governmental 
body of any character whatsoever, it shall be the duty of the Com- 
mission Council herein provided for to select from among its mem- 
bers a number of representatives sufficient, in their judgment, for 
the requirements of any such provision, who shall be vested with 
such powers and duties or shall serve on such board, commission, 
committee or governmental body in lieu of and with the same power 
and effect as the person stipulated in said act or ordinance. 


Wherever and whenever any act of the General Assembly of the 
State of Louisiana, or any ordinance of the City of New Orleans, 
makes reference to any officer of the city government of the City of 
New Orleans as heretofore constituted, such reference shall be con- 
strued to apply to such officer or person in the city government of 
said city as hereby organized corresponding nearest to the officer - 
referred to in said act or ordinance; and, in the event that no such 
person or officer shall be deemed provided for by this Act, then it 
shall be the duty of the Commission Council to select from its mem- 
bers a representative or representatives to serve in lieu of such 
person or officer with like powers and effect. 


SCHEDULE. 


See. 69. Be it further enacted, etc., That this Act shall not 
become operative in any respect unless it is approved by a majority 
of the qualified voters of the City of New Orleans voting at a special 
election to be held for that purpose under the general election laws 
of the State, which special election is hereby called and fixed for 
Tusday, August 28th, 1912. On the official ballot to be used at said 
election shall be printed the words: ‘‘For the Commission Form of 
Government, as Submitted,” and the words “Against the Commis- 
sion Form of Government, as Submitted’; and each elector shall 
indicate his vote for or against, as provided by law. Whether this 
Act shall be approved or not, a special primary election to nominate 
candidates for the municipal offices to be filled by election by the 
voters of the City of New Orleans, at the November election, 1912 
(whether the municipal offices so to be filled are those provided by 
the charter of the City of New Orleans under Act 45 of 1896, and 
the amendments thereto, in the event that this Act is not approved 


ZERO See 


by a majority of the qualified voters voting at the said special elec- 
tion or the municipal offices to be filled under this Act, if the same 
is approved, as aforesaid) is hereby called and shall be held on the 
first Tuesday in October, 1912, and it shall be considered that for 
said municipal primary it shall be sufficient if the respective Parish 
Committees of the Parish of Orleans meet on the first Monday of 
September, 1912, and fix the amount to be deposited py each candi- 
date; and all candidates in said primary are required to file their 
notification of candidacy with the chairman of said committee on 
or before the twentieth (20th) day of September, 1912; and for this 
purpose only, and for this special municipal primary election only 
(and not for the nomination of parochial officers, or for the nomina- 
tion of the members of the Board of School Directors for the Parish 
of Orleans), the present State laws shall be subordinated to the pro- 
visions of this Act. In all other respects the said special municipal 
primary herein called shall be regulated and governed by the pro- 
visions of existing laws, and all future party nominations for officers 
of the City of New Orleans shall be made in pursuance of Act 49 of 
the Acts of 1906, and all laws amendatory thereto. Provided, that 
for the special election to be held on August 28th, 1912, the ballots 
and all election supplies shall be printed and furnished by the Secre- 
tary of State, and the commissioners and clerks of election shall be 
selected by the Board of Supervisors of election from names sub- 
mitted by the various political parties in the same manner as in 
general elections. 

Sec. 70. Be it further enacted by the General Assembly of the 
State of Louisiana, That all laws or parts of laws in conflict here- 
with be, and they hereby are repealed; provided that all laws upon 
the same subject-matter not inconsistent herewith shall remain in 
full force and effect, and all the provisions of Acts 192 of 1898, 89 
of 1900, 32 of 1902, 382 of 1904, 56 of 1908, 33 of 1910, 58 of 1910, 
and 128 of 1910, with all amendments thereto, if any, not repugnant 
to or inconsistent with the terms of this Act, are continued in full 
force and effect, and the Commmission Council herein organized and 
provided for is especially authorized and vested with all the powers, 
duties, functions and privileges granted and provided for under the 
terms and provisions of the aforesaid acts. 

L. E. THOMAS, 


Speaker of the House of Representtaives. 
THOMAS C. BARRETT, — 
Lieutenant Governor and President of the Senate. 
Approved July 11th, 1912. 
| L. E, HALL, 


Governor of the State of Louisiana. 
A true copy: 


ALVIN E. HEBERT, 
Secretary of State. 


ey be 


ACT 4 OF 1916 


Note: Act 4 of 1916 (except so far as modified by Act 51 of 
1920) is recognized as being in full force and effect, by Section 24, 
Article XIV, Constitution of 1921. 


A JOINT RESOLUTION 


Proposing an amendment to the Constitution of the State of Louisi- 
ana providing for: The funding of certain debts of the City of 
New Orleans and of the Board of Directors of the Public 
Schools of the Parish of Orleans, respectively; the issuance of 
serial bonds by said city, the purpose for and the manner in 
which same may be issued and the duties and functions of the 
Board of Liquidation, City Debt, with reference thereto; and 
the levying by the City of New Orleans and the Board of School 
Directors, Parish of Orleans, respectively, of certain taxes for 
general municipal and school purposes; and providing for the 
submission of said amendment to the electors of the state for 
their approval or rejection. 


Be it enacted by the General Assembly of the State of Louisiana, 
two-thirds of all the members elected to each house concurring, 
that subject to the ratification and approval of the electors of the 
State, the Constitution of the State be amended by incorporating 
therein the following provisions, to-wit: 

Section 1. The City of New Orleans, by a vote of three-fourths 
of all the members of the Board of Liquidation, City Debt, approved 
by resolution of the Commission Council, or its successor as the' 
governing body of said municipality, adopted by a vote of two-thirds 
of all the members of said council or governing body, shall have 
power and is hereby authorized to issue Nine Million Dollars 
($9,000,000) of bonds, to be styled “City of New Orleans Serial 
Gold Bonds,” and to-bear such rate of interest as the Board of 
Liquidation, City, Debt, may fix from time to time as each install- 
ment of said bonds is offered for sale as hereinafter provided. 

Sec. 2. Three Million Dollars ($3,000,000), in par value, of the 
bonds authorized by Section 1 of this amendment shall forthwith 
be sold. 

The proceeds of said three million dollars of bonds shall be ap- 
plied exclusively to the following purposes and in the following 
order: 

(a) The payment of the outstanding and unpaid ‘School 
Teachers’ Salary Bonds of the City of New Orleans,” issued under 
Act No. 2 of the General Assembly of the State of Louisiana for 
th eyear 1906, which bonds shall be called for payment and paid 
as soon as practicable; 

(b) The payment of the principal of the floating indebtedness 
of the Board of Directors of the Public Schools, Parish of Orleans, 
evidenced by note or notes outstanding at the time the adoption 
of this amendment to an amount not exceeding Six Hundred and 


A Oe Oe 


Fifty Thousand Dollars ($650,000) ; provided that, in the event that 
said indebtedness or any part thereof shall have been paid by said 
board out of its current revenues previous to the adoption of this 
amendment, the amount thus paid (not to exceed $650,000, how- 
ever), shall be paid over in cash to said board to be used by it for 
school purposes, as provided by law; 

(c) The payment of the sum of Five Hundred Thousand Dol- 
lars ($500,000), with interest thereon, borrowed by the City of 
New Orleans for storm emergency purposes in the year 1915; 

(d) The payment of the overdraft or other indebtedness due 
by the City of New Orleans to its fiscal agents or other banks 
representing loans or advances made by them to said city, other 
than those referred to in paragraph (c) of this section, to an amount 
not exceeding in principal and interest the sum of One Million Three 


’ Hundred and Fifty Thousand Dollars ($1,350,000) ; and 


(e) The balance of said proceeds shall be used and employed 
by the Board of Liquidation, City Debt, for the payment of Public 
Improvement Certificates of the City of New Orleans, as set forth 
in Section 3 of this amendment. 


Sec. 3. The remainder of the bonds suhongds by Section 1 
of this amendment, or so much thereof as may be necessary, shall 
be sold, from time to time, in such amounts as the Board of Liqui- 
dation, City Debt, may determine, and the proceeds of the sale 
thereof shall be applied by said board to the payment of Public 
Improvement Certificates authorized by Act No. 56 of the General 
Assembly of the State of Louisiana for the year 1908, and acts 
amendatory thereof, and presently outstanding or issued at any 
time in payment of any contract made before this amendment 
takes effect, at their respective maturities or when said maturities 
can be anticipated upon terms satisfactory to said board. 

Said Act No. 56 of 1908 and all amendments thereof, as well 
as all statutes upon the same subject, and so much of Acts No. 128 
and No. 270 of the General Assembly of the State of Louisiana for 
the year 1910, and other statutes on the same subject, as may 
affect, apply or pertain to the City of New Orleans, be and the 
same are hereby repealed; nevertheless Public Improvement Cer- 
tificates may be issued in the manner provided by said Act No. 56 
of 1908, and amendments thereof, in payment of any contract made 
before this amendment takes effect. 


Sec. 4. The City of New Orleans may also issue ante negotiate 
its bonds when authorized by a vote of a majority in number and 
amount of the property taxpayers, who shall have been assessed 
for property in said city as shown by the last assessment made 
prior to the submission of the proposition to the said property tax- 
payers and who are otherwise qualified to vote under the Constitu- 
tion and laws of this state, voting at an election called by ordinance 
adopted by a vote of two-thirds of all the members of the Commis- 
sion Council, or its successor as the governing body of said City 
of New Orleans, and which ordinance before any such election is 
ordered shall be also adopted by a vote of three-fourths of all the 


members of the Board of Liquidation, City Debt. Due notice of 
said election shall be published for thirty days in the official journal 
of said city (four weekly insertions of said notice constituting a 
publication for thirty days, providing thirty days intervene between 
the date of the first insertion and the date of said election). 

No bonds shall be issued under this section for any other pur- 
pose or for any greater amount than that stated in the submission 
of the proposition to said taxpayers. 

See. 5. In case of fire, flood, pestilence, storm or other public 
calamity, the City of New Orleans shall have the power, by a two- 
thirds vote of all the members of the Commission Council, or its 
successor as the governing body of said city, concurred in by a 
three-fourths vote of all the members of the Board of Liquidation, 
City Debt, to borrow money and issue and negotiate bonds in such 
sum, not exceeding Five Hundred Thousand Dollars ($500,000), as 
shall be necessary in any one such emergency. 


Sec. 6. For the purpose of refunding all or any part of the 
bonded indebtedness of the City of New: Orleans existing at the 
time of the adoption of this amendment, bonds may from time to 
time be issued and negotiated. When any of the issues of the bonds 
of said city outstanding at the time of the adoption of this amend- 
ment shall become callable according to their terms or the statutes 
under which they are respectively issued, or when the consent of 
all the holders of any such issue of bonds can be secured, the Board 
of Liquidation, City Debt, shall have the right in its discretion to 
call and pay any one or more of said issues of bonds, and shall be 
authorized by resolution duly adopted to issue and negotiate bonds 
to provide the funds necessary for that purpose; provided, how- 
ever, that in no event shall the par value of the bonds so sold and 
negotiated exceed the par value of the bonded indebtedness thereby 
to be refunded. 


See. 7. The full faith and credit of the City of New Orleans 
are pledged for the payment of the principal and interest of all 
bonds issued under this amendment. 

The principal and interest of all bonds authorized by and to be 
issued under this amendment shall be paid primarily out of (1) 
that one-half of the surplus of the one per cent debt tax which 
heretofore has been dedicated for the support and maintnance of 
the public schools of said city, as levied under and authorized by 
Act No. 110 of the General Assembly of the State of Louisiana 
for the year 1890, and subsequently made part of the Constitution 
of this state, and (2), after January 1, 1928, that portion of the 
one per cent debt tax, authorized and levied under Act No. 110 
aforesaid, and the two-mill tax authorized by and levied under Act 
No. 6 of the General Assembly of the State of Louisiana for the 
year 1899 which shall have been released and freed from dedication 
either by the calling and refunding or the payment in due course 
of all or any part of the bonds existing at the time of the adoption 
of this amendment; provided that, if the funds derived from the 
sources aforesaid shall be insufficient in any one year to pay the 


ee be 


principal and interest of the bonds issued under this amendment 
and then outstanding and unpaid, or if for any cause there shall 
not be funds appropriated to or available for such purpose, the 
City of New Orleans shall levy a tax upon all taxable property in 
said city sufficient to provide for any such deficiency; and provided 
further that, when the aforesaid one per cent debt tax and two 
mill water and sewer tax shall cease to be levied, the City of New 
Orleans shall levy a tax upon all taxable property in said city suffi- 
cient to pay the principal and interest Zs said bonds as they respec- 
tively become due. 

Sec. 8. It is hereby intended thats all existing dedications and 
appropriations of said one per cent debt tax authorized by said Act 
No. 110 of 1890 (except with respect to the said one-half of the 
surplus of the one per cent debt tax therein dedicated to public 
schools), and of said two-mill water and sewer tax, authorized by 
said Act No. 6 of 1899, shall be respected and performed according 
to the priorities by said statutes established; that all of that por- 
tion of the funds resulting from the levy of said taxes which shall 
be released from said appropriations and dedications by the pay- 
ment, satisfaction or refunding of any of the bonded debt obliga- 
tions now charged thereon and there-against, shall, together with 
the one-half of the surplus of the one per, cent debt tax heretofore 
dedicated to public school purposes, be used and applied to the pay- 
ment of the principal and interest of all bonds issued under this 
amendment; that any residue thereof remaining after the payment 
of the principal and interest in any one year of bonds authorized 
by this amendment shall be turned over to the City of New Orleans 
to be used by it for general municipal purposes; but when, and to 
the extent that, the obligations now charged on said taxes shall be 
paid, satisfied or refunded, said taxes shall be released from said 
obligations, and, ultimately, when entirely released and discharged, 
shall cease to be levied; and, that thereafter, any and all bonds 
issued under this amendment shall be provided for by a tax upon 
all taxable property in the City of New Orleans sufficient to pay 
the principal and interest of said bonds as they respectively become 
due; provided, however, that, in the event the funds hereinabove 
specially dedicated for the payment of the principal and interest 
of the bonds issued under this amendment should prove insufficient, 
the City of New Orleans shall, and it is hereby required to, levy in. 
every such instance a tax upon all taxable property in the City of 
nae Orleans necessary to pay the principal and interest of said 

onds. 

Sec. 9. The principal and interest of all bonds authorized by 
this amendment shall be payable in gold coin of the United States 
of America, or its equivalent, of the standard weight and fineness 
at the time of the issuance of each installment of said bonds. 

Said bonds shall be exempt from all taxation for state, parish, 
municipal or other local purposes. 

Savings banks, tutors of minors, curators of interdicts, trustees 
cea fiduciaries may invest the funds in their hands - in said 

onds 


eats a. 


Said bonds may be used for deposit with any officer, board, 
municipality or other political subdivision of the State of Louisiana 
in any case where by present or future laws deposit or security is 
required. 

Said bonds may be registered and released from registry under 
such rules as the Board of Liquidation, City Debt, may prescribe. 

Sec. 10. All bonds issued under this amendment shall bear such 
rate of interest or, from time to time, different rates of interest, 
and shall, except as herein otherwise specially provided, be in such 
forms, terms and denominations, and payable at such times and 
places, within a period of not exceeding fifty years from the date 
thereof, as the Board of Liquidation, City Debt, shall determine. 
Said bonds shall be issued in serial form and shall be payable in 
annual installments, commencing not more than two years from 
their respective dates, and the installment payable in each year 
shall be so fixed that, when the annual interest is added thereto, 
the several annual total amounts of principal and interest to be | 
paid shall be as nearly equal as practicable; provided, said install- 
ments may be fixed at five thousand dollars or the nearest multiple 
thereof. 

Said bonds shall be signed by the Mayor and the Commissioner 
of Public Finance of the City of New Orleans, or officers exercising 
similar functions, and countersigned by the President or Vice-Presi- 
dent and the Secretary or Assistant Secretary of the Board of 
Liquidation, City Debt, and the coupons attached to said bonds shall 
bear the fac-simile signatures of said Commissioner of Public Fi- 
nance and said Secretary or Assistant Secretary. In case any such 
officer whose signature or counter-signature appears upon such a 
bond or coupon shall cease to be such officer before delivery of said 
bond or coupon to the purchaser, such signature or counter-signa- 
ture shall nevertheless be valid for all purposes. The cost and 
expense of preparing and selling said bonds shall be paid for by the 
Board of Liquidation, City Debt. 

See. 11. All bonds issued under this amendment shall be sold 
by the Board of Liquidation, City Debt, to the highest bidder or 
bidders by sealed proposals after due advertisement of not less than 
five insertions in the official journal of the City of New Orleans 
(the first insertion to be at least fifteen days prior to the date of 
sale), and such other advertisement, in said city or elsewhere, as 
said Board of Liquidation may in its discretion direct; provided, 
said Board of Liquidation may reject any and all bids. 

Sec. 12. Except as otherwise provided in this amendment, the 
City of New Orleans shall not borrow money, issue bonds, notes or 
other evidences of indebtedness or pledge its credit or anticipate 
the collection of any of its taxes. 

No money shall be drawn from the treasury of said city without 
specific appropriation therefor previously made, nor shall said city 
make any contract or incur any debt or obligation for any purpose 
whatsoever unless sufficient funds, not otherwise appropriated, to 
pay and discharge same are actually in the treasury of said city 


SH a 


at the time of making the contract or incurring the debt or obliga- 
tion and are specifically set aside and dedicated to said purpose, 
unless herein otherwise provided. The foregoing limitation and 
restriction shall not apply or be held to apply to contracts or obli- 
gations incurred with respect to the furnishing to said city of 
light, heat or power, water, telephone service or garbage removal 
or destruction. 


The said city may in any calendar year in anticipation of the 
collection of the taxes of such caleridar year, and for the purposes 
for which such taxes are levied, borrow such sums as shall not be 
in excess of the amount of its uncollected taxes of such year, and 
may issue its notes or other evidences of indebtedness therefor, and 
such sum, notes or other evidences of indebtedness shall be payable 
only out of the taxes of the calendar year in which said loan or loans 
are first made, and for which indebtedness said revenues shall be 
pledged, and said indebtedness shall not be payable out of any other 
funds or moneys whatsoever. No money shall be borrowed by the 
said city except for current municipal purpoess, and in no event 
shall any money be borrowed by said city to make or to pay for 
works of public improvement. Said city-may issue for street paving 
purposes certificates on its faith and credit pursuant to legislative 
authority, to an amount not in excess of any special assessments 
which have been or shall be made for such purposes. Such paving 
certificates hereafter issued shall be chargeable primarily against 
the special assessments in respect of which they are issued, and 
secondarily against the revenues of the City of New Orleans derived 
from taxation for general municipal purposes and from- sources 
other than the taxes for the payment of the principal and interest 
of the bonds now outstanding or hereafter to be issued under this 
amendment, which revenues shall be applied in payment of such 
paving certificates only in the event and to the extent that such 
special assessments shall be insufficient for such payment, and 
reimbursement shall be made to the general funds of the City of 
New Orleans when the assessments are collected to the extent of 
the amount that the said general funds shall have contributed to 
the payment aforesaid. So much of Act No. 23 of the General 
Assembly of the State of Louisiana for the year 1914 as may be 
inconsistent herewith is hereby repealed, and hereafter no paving, 
certificates shall be issued upon the pledge of the reserve fund of 
the City of New Orleans, but such certificates shall be secured as 
herein and as otherwise provided for by said act or subsequent 
legislative authority not in conflict herewith; provided, however, 
that paving certificates, for which the faith and eredit of the City 
of New Orleans shall be pledged, whether issued under the afore- 
said Act No. 23 of 1914, or under subsequent legislation, shall not 
at any one time be outstanding in an amount in excess of Five 
Million Dollars ($5,000,000) in face value. 

Sec. 13. The total issue of bonds by the City of New Orleans 
for all purposes shall never exceed ten per centum of the assessed 
valuation of the property in said city; provided, however, that 
neither the bonds issued for water, sewerage and drainage purposes 


en 


(namely, the $12,000,000 Public Improvement Bonds issued under 
Act No. 6 of 1899 and the $8,000,000 New Public Improvement 
Bonds issued under Act No. 19 of the General Assembly of the 
State of Louisiana for the year 1906, and acts amendatory thereof 
and supplemental thereto, as well as such bonds, hereby or here- 
after authorized, into which the aforesaid bonds or any part thereof 
may be refunded), nor the $2,000,000 Public Belt Railroad Bonds 
authorized by Act No. 179 of the General Assembly of the State 
of Louisiana for the year 1908, nor any bonds hereafter authorized 
for Public Belt Railroad purposes, nor any bonds which may here- 
after be issued for water supply or for the acquisition or construc- 
tion of any revenue producing public utility, nor any paving certifi- 
cates primarily chargeable against special assessments for street 
paving, shall be included in computing the indebtedness of said 
City of New Orleans under this limitation; and provided further, 
that emergency bonds may be issued as authorized: in Section 5 
of this amendment, even though said limitation shall have been 
reached; provided that the Nine Million Dollars of bonds authorized 
by Section 1 of this amendment shall not be subject to the limitation 
herein fixed at the time or times that same shall be issued; but, 
with respect to any other bonds that may be issued hereafter under 
this amendment there shall be included in the computation of said 
Nine Million Dollars of bonds, notwithstanding the fact that all of 
said Nine Million Dollars of bonds shall not have been actually 
issued, and such amount of emergency bonds as may be then out- 
standing. 

See. 14. The Board of Liquidation, City Debt, as now organ- 
ized and created and with the powers, duties and functions pre- 
scribed by existing laws and by this amendment, shall be continued 
while any bonds authorized by this amendment are outstanding and 
unpaid; and all taxes which may be levied for the payment of such 
bonds shall, day by day, as collected be paid over to said Board, 
and shall by it be applied in payment of the principal and interest 
of said bonds; and said board shall with respect to all bonds author- 
ized by this amendment be entitled to exercise all the rights and 
enforce the performance of all the obligations, the same as it is 
authorized to do under laws existing at the time of the adoption 
of this amendment with respect to any of the presently outstand- 
ing bonds of said City of New Orleans. All funds, property and 
things of value held by the Board of Liquidation, City Debt, for 
bonded debt purposes other than taxes now or hereafter levied, and 
particularly all funds, property and things of value now or here- 
after held by said board under Act No. 133 of the General Assembly 
of the State of Louisiana for the year 1880 and all amendments 
thereto, shall when released from contract obligations or dedica- 
tions imposed by laws existing at the time of the adoption of this 
amendment be used and employed in the discretion of said board 
in payment and retirement of any bonds of the City of New Or- 
leans then outstanding. 

See. 15. For general municipal purposes, exclusive of the sup- 
port and maintenance of the public schools and the payment of 


 —58— 


the bonded debt of the City of New Orleans, said city may in each 
year levy upon all taxable property within said city a tax not 
exceeding six and one-half mills on the dollar of the assessed valu- 
ation thereof; provided, however, that when the one per cent debt 
tax authorized by said Act No. 110 of 1890 and the two mill water 
and sewer tax authorized by said Act No. 6 of 1899 shall both have 
ceased to be levied, and if thereafter the taxes levied by the City 
of New Orleans in any one year for bonded debt purposes be less 
than ten mills, said city may in such events levy for its general 
purposes such additional tax which, when added to the tax of six 
and one-half mills hereby authorized and the taxes levied tor the 
payment of the principal and interest of its bonds as they severally 
mature, shall not exceed in the aggregate sixteen and one-half mills. 

Sec. 16. The reservation of twenty per cent of the revenues 
of the City of New Orleans shall not hereafter be made as directed 
by Section 40 of Act No. 159 of the General Assembly of the State 
of Louisiana for the year 1912, except in so far as the fund so 
directed to be reserved shall have been appropriated or dedicated 
before this amendment takes effect to the payment of any obligation 
of th City of New Orleans, and said reserve fund of each year, when 
released from the obligations charged against it by law and because 
of contracts, existing at the time of the adoption of this amend- 
ment, shall be used for general municipal purposes. 

Sec. 17. For the support, maintenance, construction and repair 
of the public schools in the City of New Orleans, the Board of 
Directors of the Public Schools, Parish of Orleans, or its legal suc- 
cessor, shall levy annually such tax, not exceeding three and one- 
half mills, as said board shall deem necessary, which levy shall 
be certified by said board to the Commission Council or other future 
governing body of the City of New Orleans, which shall cause the 
tax to be entered upon the tax rolls of said city according to law 
against all taxable property in said city as assessed and valued for 
city taxation purposes; and said tax shall be collected by said city 
and paid over to said Board of Directors of the Public Schools, 
Parish of Orleans, day by day, as collected. (Note: See Act 51 of 
1920 and Sec. 16, Act XII, Constitution, 1920.) 

Said tax shall be in lieu of all taxes, appropriations and funds 
now authorized or directed to be levied or contributed by the City 
of New Orleans for public school purposes, either by said Act No. 
110 of 1890 or other provisions of the Constitution of this State. 
All constitutional provisions to the contrary, as well as Act No. 262 
of the General Assembly of the State of Louisiana for the year 
1914, ratified as an.amendment to the Constitution of this State, 
are hereby abrogated and repealed; and the City of New Orleans 
shall have no power or authority to use or employ any of its taxes 
or funds for the establishment, support or maintenance of the pub- 
lic schools, directly or indirectly, except as herein authorized; pro- 
vided, however, that the City of New Orleans shall administer, use 
and employ all the funds, property or things of value now or here- 
after held by it under any special legacy, bequest or donation made 
or to be made directly to it for school purposes, and shall carry cut 


cotek } oheees 


and execute the conditions of all such special legacies, bequests or 
donations that have been heretofore made to and accepted by said 
City of New Orleans and all such as may hereafter be made to 
and accepted by the said city. 

Sec. 18. For the purpose of giving additional support to the 
Public Schools, the Board of Directors of the Public Schools, Parish 
of Orleans, or its legal successor, may levy upon all taxable prop- 
erty in the City of New Orleans a special tax not exceeding two 
mills on the dollar of the assessed valuation of said property 
(which special tax shall be in excess of the tax authorized by Sec- 
tion 17 of this amendment), whenever (1) in the manner prescribed 
by Act No. 256 of the General Assembly of the State of Louisiana 
for the year 1910, and amendments thereof, or in such other man- 
ner as shall be prescribed by law, the rate of such special tax, the 
number of years it is to be levied and the purpose for which the 
tax is intended shall have been by said board submitted at an elec- 
tion to a vote of the property taxpayers of the City of New Or- 
leans entitled to vote under the laws of this state, who shall have 
been assessed for property in said city as shown by the last assess- 
ment made prior to the submission of the proposition to the said 
property taxpayers, and (2) a majority of the same in number and 
amount voting at said election shall have voted therefor. The 
levy by said board of any tax so authorized shall be certified, 
assessed, collected and paid in the manner prescribed by Section 
17 of this amendment. 

See. 19. The Board of Directors of the Public Schools, Parish 
of Orleans, or its legal successor, shall not capitalize the whole or 
any part of the taxes which by this amendment it is authorized 
to levy, nor fund the same into bonds, nor borrow money in antici- 
pation of the collection thereof; provided that said board may, in 
any calendar year, in anticipation of the collection of the taxes of 
such calendar year and for the purpose for which such taxes are 
levied, borrow such sums as shall not be in excess of the amount 
of its uncollected taxes of such year, and may issue its notes or 
other evidences of indebtedness therefor, and such sums, notes or 
other evidences of indebtedness shall be payable only out of the 
taxes of the calendar year in which said loan or loans are first 
made and for which indebtedness said revenues shall be pledged, 
and said indebtedness shall not be payable out of any other funds 
or moneys whatsoever; provided, however, no moneys shall be 
borrowed by said board for any other purposes than current pur- 
poses, and in no event shall any money be borrowed by said board 
to make or to pay for permanent improvements; and provided 
further, that said board shall not make any contract or incur any 
debt or obligation unless sufficient funds, not otherwise appropri- 
ated, to pay and discharge the same, are actually in the treasury 
of the board at the time of making said contract or incurring said 
debt or obligation and are specially set aside and dedicated to said 
purpose, except as may be hereinabove specially provided. (Note: 
See Act 51 of 1920, and Sec. 16, Act XII, Const. 1921.) 


pa Wace 


Said board shall annually and prior to the beginning of the 
scholastic year prepare a budget of its receipts and expenditures 
and said budget, before it becomes effective, must be approved by 
the Commission Council of the City of New Orleans, or its suc- 
cessor as the governing body of said city, and all appropriations 
by or expenditures of said board not included in the said budget 
shall likewise before becoming effective be approved by said Com- 
mission Council or its said successor; 

Provided that nothing herein shall be taken or construed as 
authorizing the Commission Council or its successor to change, 
alter, substitute or eliminate any of the items of the budget thus 
submitted; the true intent and meaning hereof being that the said 
council or its successor shall have no authority whatsoever in or 
over said budget except to the extent of ascertaining whether the 
proposed expenditures as exhibited by said budget are within the 
probable and estimated revenues of said Board of Directors of the 
Public Schools, Parish of Orleans. 

See. 20. The inhibition herein established against the City of 
New Orleans and the Board of Directors of the Public Schools, — 
Parish of Orleans, or either of them, borrowing money, anticipating 
their revenues, capitalizing their funds or issuing notes of other 
evidences of debt, shall apply to all boards, commissions or bodies 
created by or under the authority of the Commission Council of 
the City of New Orleans, or its successor as the governing body 
of said city. 

Sec. 21. The provisions hereof are self-operative, and the City 
of New Orleans and the several boards and bodies herein referred 
to shall carry the same into effect. 

Be it further enacted, etc., that the amendment proposed by 
this act shall be submitted to the electors of the state for their 
approval or rejection at the Congressional election to be held on 
the first Tuesday after the first Monday in the month of November, 
1916; that there shall be printed on the official ballots to be used 
at said election the words: 

“For the proposed amendment to the Constitution of the State 
of Louisiana providing for the funding of certain debts of the City 
of New Orleans and of the Board of Directors of the Public Schools, 
Parish of Orleans,” and the words: 

“Against the proposed amendment to the Constitution of the 
State of Louisiana providing for the funding of certain debts of 
the City of New Orleans and of the Board of Directors of the Public 
Schools, Parish of Orleans” ; 
and that each elector shall indicate on the ballot cast by him, as 
provided by the general election laws of the state, whether he votes 
for or against the proposed amendment. 

HEWITT BOUANCHAUD, 
Speaker of the House of Representatives. 
Approved: June 8th, 1916. FERNAND MOUTON, 
R. G. PLEASANT, Lieut. Governor and President Senate. 
Governor of the State of Louisiana. 


Page 
SIME O CMPEEIYT - TCVOGE SELIICL SCOEATL NG. cos Seng hen na song eit ncpntes Svan cian cd a wdadaiiananr= coe 12 
Pe ePeeaNT RCC AMITTST ER SITCOM COL TARIC | OL so. cite deeds rice He ae eink nots ntacl ae gucehashg env 13 
American Legion, use of mortgage office building......0000......22222 eee eee 45 
ue eM ra OAS. 2 CM See Veal alpe aas ear oak, 13 
Appropriations, annual budget of........0220222222222... Be ee Ren ed Se ne Oe 28 
Peceumney COUraw MONeYy TTOM CLEASUT Ys nu icsescscsckeeses-vcpenentocinecs alent 55 
To commissions for care of public places................... Pa NS ae eee 46 
Co AE OO ARE Ei gal) ie Mer EE Eee k eh 6M. 1.55 Tote hha e ie | BRON oe 47 
Spee TOURGS:  PeCUlATION: (OL). 00 co ee ie cee iin ccna done pcen men shedep 13 
PEMeMETIWUMETITICINCINGYE. GALOTY. 60. wdecnadeoaveern oe  taese in. -acuadinle essere. vacccboe 17 
OE OU ROGUE os a ale To, SP Pub BA 6 Sd RAS SA eo 18 
MNEs CO MMICIUOTI te ECON SB Oue 2 nS ta ek a eas a ara spe rg aT 
Auditor of public accounts, appointment, salary.........2..2.2200....cc.-enceeeeeeeeeee een Ty 
ee EC eT ee Sk sn oe TE Ee ener Nw oak iene 5g 18 
(Sy UU se SUNS ER eg ee pre ee NASD per hctbe ANCNatac Sete ee Ones Ont Ym 17 
Parteerretd MEGA | CIC INI Vi OP OTA LC. c ican yaue eet ceceae eet Week cassis nn tao ee 14 
Peet mA Si Teh TORT CLL Vx. ciiiests sic ee ee ee ee ee 14 
Serer em eS sari MAteTIAIN Se. hee ne eee, a ee nee 45 
eee arene tO F.5D Ube CLOTY 0.00 25 5 gee gin ete eat es Sage, - oases «ents oes a 
Pre PCACeEI SIC UTOG GIOI, Clty: LGD G, PO WEYE <.ceiae Be etna ek re dose eee ee 51 to 57 
a TaPEPRCSMMMR TILL EQOYT) 117 LOKBIO) TL Shs coe ag kat 2 OE, ce Wenge d Seog apes tbe y ea 20 
PPR LAC IUTIN OTL TOWEL Sacsts. Rohe pte MN aetna eel allo nw ee ee teats 66 
Mayor ex-officio member. and supervisor: Of.24020.2.222.o2oo sn Bie eee 10 
eet SLOP ICY, Oly C1CY § LO ISSUC How. ck at nena tek a ey Sree tee agian 51, 52, 538 
mew prncipalsand, terest rsceureds at. ne eel. a eS. 53 
TOMO eS LOLTIY, Ce Ne EA ea! se rss ead teas ean Meghan oa ag Ste al ed, do 55 
PO TU Ee ST CUT ile Miles 2 eee apn EM COMED SRE NAA CONS Ort dy. | adele ee er Samer Se 56 
RCIA VOL ANC COUPCILOIOT sara ob nessa cece okra eins ate ks actectan adds tiwtetsokeccee 9 
Bonds for keeping the peace...................-..--- Hig oe i et ee Sates A ARR el ie 21 
CEES Sy MSE GOD ea! CRI 9 FR i SIE i et Ne aces Sd 55, 56 
Legh CES on el re iO fee aC Be Rh ale ap Nae ce AE A ane NL “OAS a lea 
PRP Ome ATIICA CIOL aC Ee Di ties ek eee gear ety ete coe eins a dcenk one Ls 
Hrtraversanders TAiroads packager opeire waist. n ces ovens de 14 
Bi retmenr FOvenues auc. GX DenOl ULES. iyictars- cer ceesysasnend ance ceslacelcsnlocsebes ene saae_k- 28 
Cee Lg TA) Wer Ui) eI oe etal os ate ass na ces svn das chance <guccaseeth voc cunseeeseet 13 
bovgaVece cee T oregepapee @ ope UE Pey se ity cab (115 ip RL WA IE fh care Me ae es 14 
Pee iC me OChS COU UO Oleme am on co rae ee ed ae 12 
anal naka Ost C LOU raIlLetiOl Ponalre.:o oe  e e 12 
aitlic yards, lanoiness pens, see ulation Of... 2 cs Sits mead ecceecctoecene 1d: 
PING LEPIES, SATIITACIOIS AUC) ele Ie IL CLONAL Oh sie reece cho Na da ouy ap tb cvesyven dgainns nh Byes By 
Cheats, see Common Cheats 
Pee Ist AD DO LLIN GN) Balai yy EENTO VE oon 25, concn sacoengeicncgucevswsdulilearcstindciedccnuewal- 18 
City Attorney, see Attorney 
City Engineer, see Engineer 
TPR Ara NR oie hee CRE SIRE TA ie ln A pa OER UAE, La SL 1 
City Notary, see Notary 
SERIE SOUS CSA. 55 <a> Siva ates SB ge ee Nat Oh nM Lh IE ct ockew ions anatsiWant -eedby- tive one Tt 
EC UI) MOU WR digo. Sigass tite Opin uaa asnanei tesa Fan clout xs soak lore 18 
Civil Service Board, organization and powe?V...............--..2:00-cse--ssseeeeeeceeeeeeeeceeceees 20 
ERENT ATED RATS Bok CORE TB oN one ad enkecca acpsmer erro neous bookcase eine Loin 16 


RPE LISIe DF OCROCIN GS mv OTe COUNCI iy cx ets ca ehh sah ccn says ctibs ne sash ede escvemic tans 19 


INDEX—Continued 


Page 

Clerks, see Employees 

Commissions, see Boards and Commissions 

Commissions for care of public places, appropriation to..-.............---..-+0ee+0+00---- 46 

Commission Council, “composition ccsccsveccesecee ee cacti ee cen ee 8 
Presi den Gee 2 se eealde cae een ettclg ida aaron es ane tyes hs eee oe ee 16 
Vice-President. i 5ee nF ore a ee de cae 10 
Clore icc 2 hay pee he Bie ses a aS eer rae Sd ed SR ee 16 
Vacancies cre Stic eile diana ds Cn Ree eR eg ae Gt 
Meetings,’ PBOCEd Te; QUO TOM 2s ct Sets eee ng et eae eae ne 16 
Order and ;decortming oer oceans ces eae eee eee eee 11 
SUNIMONING WINGS OS ox. css cacao en eee ee ee ee 1B 
Mayor's Vote oii sgennseccacteisttch ath ssvisncehacdertbeaty nn bespamtnaiin'e We oaydeaeien ah anee, REM oo oem 10 
Powers. of COUNCI)s..6o5 deo siske sak ae ass Se ee DB pct pea as 
Publication of proceedings and ordinances...............-..:...scss<-csescunereeenenennnens 19 

Commission “Couricilmen, @lectron secre teat nad een eta 8 
Bord, 8 baryon cts aan cen eats cn ae OU ok a neice a es oa ee 9 
Removalvand#recallic Cee eee em UE lan Dibcac he coks Ceage co be ae ee 22 
Vacancies $35 Si) in Es tete 2 occ ae en ee a er EAS ee pai 
How’ designated !¥-.5. 2.4/i)514 sendin eae ee eee eee ey. oa 16 
Holding other office, extra compensation. 2402.6... ee 45 

Commissioner of Public Affairs, ex-officio Mayor (q. V.)......---.....:----2-00+0----0--- 16 

Commissioner of Public Finance, how designated.........2...2........1-.cecee-2eeeeeeeeeeeeee 16 
Powers) And FOuties Foe eect oath so ies avian aia ee 17 
Eix-officio~ treasurer yi. cts ceen cote ere fe tee ee ee ae 16 
Acting Mayor and Vice-President of Gouneilicieag oe il ie ean oe 10 
Adjudicates contracts for supplies and public works..................00000..... 45, 46 
(See also Commission Councilmen) 

Commissioner of Public Property, how désipnatedes itn es eee ee 16 
Powers: and ‘duties sant e5a 25 ce hee veces aii er oe ee Ty 
Power ‘to.-cut weeds"and’ prashie go ee 14 
To prepare. estimate*of cost, of; pavin’.-... 2 2 ee eee 38 
Power to) pave less:than one wblockie 3 a ee See 41 
Adjudicates sales and leases of city property.....0.....00......ecccceseccceeeeeeeeeee-- 45 

Commissioner of Public Safety, how designated...............--..----.:-0-ccecceseeeeceeeeeeeeee 16 
Powers ‘and (duties... .:\2. 5 cee a a ee ee a af 
Ex-officio member of Police, Fire and Health Boards...............................- 20 

Commissioner of Public Utilities, how designated.....2.2......2.00..ocececceteeeeeeeeeeeeeeee - 16 
Powers ;and duties...jc 24.55.05 is Si BR ee ee ee ee ed ne 17 
Adjudicates franchises and public service contracts......0.22..0.200ccceeceseee--e aa 

Common cheats, expulsion, Prom city. 20 2s ays. ec ee oe 14 

Compensation, , @XUr2 72s, .-- occ: -qteesaecevas as Wespeeesvitacsud Ubi ee eae ee Oe 45 

Concert: saloons, regulation.ofe7 ik ohare sake. ee he ee 13 

Contracts, SIgTime™ OT i232 is snes raneh uae se eon ee eee 9 
How made: orsletrcie te Se ee on ee 23, 45, 56 
Money for, must be in treasury and appropriated sfedigyeRieasct ed tae. een 
Officers and employees not to be interested IN, as tte eee ee ae 44 

Courts, see Recorders > . 

Cressings,. sanitation)! repairce.s..,0 005) fa eee ee ee 12 
Railroad, “repair: 2 ptiees Ses scat ila eee eee vis eae ee 14 

Dairies, regulation’ Of; 2-2 sean p cv hee oe ogee sc paca ie 2 ee 11 

Dance houses, -regulation vofscae Ak oo ees ee 13 

Dangerous and suspicious characters, expulsion from city..............0.............. 14 

Definitions. sacs. aia ateetassd hea aco er eae sadiinsesanahetenenustingdndhSeMMeL Shatmae becesesedebe 48 

Departments, established +jigsegcqe ces een cle ee, 10, 17 
Mayor's oversight” Of%,...3,.ssevsintemcccclatind sce eee ee 

Deputies of officers, bond and powers of: wiBogipet debonab bathe es tutes ce REE Eth ane 18 


INDEX—Continued 


Page 

PT OR a Sere ANS ee ets ae en Ase COMME a Eno BOLL anne ent ia a Pe ES sel 3 
DRI TOO ach oe ae 8 
ea eee OER SE AIRC RTE POND rey ie sos cad esdhe tha oe ccectgieted Ubhctcn cocks ndercasoverkentines 12 
ete eeienen rr aR LAT DE OPOVICCG occ. fon lads wivak cot edstndannpieesonsgetbetnaqcavde- codons gh Las bY 
TS (en en a et ca hg cee kee ead ik Sica! ten 13 

Si EE OE VOT ATI SCOUTICE LIN OT I a doce --sn che addnonrds ackibn foddnancnanvenpansinvezoseeen 8 
yet ska ke rq SOS Sa 2 aR A I ri AS eel ES Nag hb A Pea MG 17 
Electric light, heat and power companies, regulation of rates and service.. 14 
eee ates CT SUT IEN PORTER CANTON IY net. ance Sos doainnles Se tcctia eshte ae Ae ee 10 
riminreatiGre eOUOUILIOeNL, Temoval.:. ee 18 
OPP Tg PPO GS te) a oS oc cn eta i Silene aaa ee LSE 2) e eCaee 18 
eT G Gs Dre COM MONSA LION .s.1..5..spsooa sen Pe naked elec teu edeabune 45 
Premecrenpomtment, salary, removal.>..1 A a ee a: 18 
fers ga TS no Ge iE eon Oh Ry ee eae ee AGU Ie alae eid ep eS ead eae MAG. Baiel at 
Perr emreroe aaa Perauin Oto. a es re ee 12 
URE CMMI PULTE GIOTTO LE marsala ceeege sk A nk eae Ne es SAU A eas 2 11 
DEB er IM CO TE OVIOI Os LOT. Sete. sooo anata hee oda ga dk de ens bgt edges oe 25 
(rhe es 1 SRR NG EE SSE 2 ae Rea ae ie RAEI VR 12.21 
I ee ET A esd Bay an oy sed clagas enc be Sade pele ow caress AN cal Le acu 
ie PE ee EC APTI ON ost) acc ok, Sank eaten awage npc AI ay iy 
Cg te. at SE Soe a oy a NS SI ES a cee eR ot ne Ree Ae a wel ES As 
Pie OES (LCE TIE MERAY ei ene s oovce St tet, Se connect nce Mea Sea de Spee chanuss detest Yeseredatagensn te 12 
RRR TARP TIND GIT IL WO aoe ek tot Tee Lo leant ste ecient ch eases 2 
ERA TN Sel SESE, sets NE SESE CNG 9, BOP A RS De eT. eT SC Dip ae 
Dg RNS AS OR et 20, 2 a Ur, ORS eA 44 
vo TSUN IGTE Bie SS TE G7 ON 03 ES MR ai ga Sea eis ae ic WARES ap Deh 14 
Garbagerdisposal, ordinances: providing” for.........:.0 ea ea... 23 
Gas companies, regulation. of rates and: service... 2.2.22... ecclissi lesen cecee nese eee 14 
De TIO” SPO PUA LITO Ger ties c5 0 c8 8 sicker eat cain we ee 11 
Crane aieerceteennGr side wes. And lots.<s.- e ge aee e its] 
EOE Lo avg es 1) dL ot Tog 6, Ea cP A eR RT a Yenc 14 
Eteai ieee Corer CLOT Ol gs eet ere ee ee ee ee ee ee 13 
Ne etm A TGR eee a nM a 0 ah wee ada Seren te rees ba unas oak na Seatheienadeesren 11 
PEEL DS sey age ve IE Aa Pe, So Ok. NR, pO RE DE Pe ict eae a eR REPS SOs Cree itZo 
SLT a epee rsyel ates ahah rei Coat re, tn”) ANN GEES a Ae en Pe Rie SRS aS PRP 18 
ROC a EGLO TE Lr LECCE) ee es Sg cg a oe tat a ee es 11 
Pe ry ge A PEE Calne EC Vi? SUR ve A A yale Roy aah ee aR ee Ale 13 
SAP ssBa a eerie ee tA LULL ONY 2. 2.5 20h bday eo 5) we tea ea oe ease a kk 13 
Bemases | aM itioeeec a biON mOt. cats. Seventies Oa he bof Ik 14 
iouses.of refuge, retormation or ‘correctionn..0).60 oh i ene 14 
pT SAAS Cie Sol ES ices: Obs. A. ROTEL BLUM ae cee et Sen MRE ELS ieee 13 
ReIU MMM TCOLE NCSL. OLLI A CC ee a tae La a BIS o sos sal Sah dow cases ahh eek 25 
Imtexicatine liquéms, places,toy sale: ofs cei ne s, 13 
ee OM 2a) DONE NE RE Ria ot AL dol cha py matic anhiia Stace vet es un svbmackeho dive kata aia 14 
Judicial proceedings, security and warranty in...i.........eccec cece eeeceee eee cee eens 47 
SeOOOMAARY 'LICOIISE: -BUIUS coal Oat Mathes. 5 tule eid wala | sath Uhip abe aces she: eae, 27 
PES OU SUYUCUIOIY 01.08 e taped ancl Soya ons oie bth ks wie Oe 12 
PET EMSS ETUCCION «QI MGTIO 52-20 cn eevee couch extn ads unavoba bie cedubestspreutaiatd ice 12 
DE ELE a Go ga MRIS SRS 3 UE SET sO ne eo ERIRY 12 


BER TRIS TNT, ie cas tera rt eabetes BPP we ras chen dor ced + Masten he Pep Sh ould VRS IK de «Nig vnaén gOS 17 


INDEX—Continued 


Page 
Bease~of public property, markets, eben cist teacertene pee 23 
Leather factories, rewulation : ofc... 26 Sek escent ote deneae nearer a espe 11 
Legal“process against CHOY. 1c-25 ees aarae treapetongens arenes qpesrerc aman sarees 10 
Levees, to: be ‘provided cic 2 5ci cepacia grec cee ene a Nena tse ee Rene 12 
Libraries, to: be “pro Vice pe iar ea ee 12 
Tatcemse, taxes. jcc ccc eo ness Se cna cee gece gree es Rec ce ai. 
Lighting: of streets.and’ publie’places, 2x sapere stat rat ran cnt 12 ee 
Lighting companies, regulation of rates and SeYIVICe..............-.-----:-00---0seeeeeeeo+ 14 
Litrnnitsy, Ut, cece ec oe epee ore es i i 
Local, assessments, equality Of <..-22. <5 )5 aici ree ee 47 
Lots; © rade iis dis ees icedse ce ansaid he ean on AONE n se ee 13 
Lotterymen, expulsion from "city. oe se eae ee 14 
Markets, inspection and ‘eleanliness. cp. 6 eee ee 11 
Lease (Of% oicincceitia os petite so cle 0 nae eee ce 23 
Mayor, ‘election: 25.55 cos a teens Ceperecee oa eee te 8 
Bond, salary,‘ DOWeYS o5..55. 2c, ces sere ee ea 2] 
Removal: and yea ll oo Fe ae nes acne as age Eee eae wg eee ee 
V CAT? oa sc Sis a ee gece a eh ca eget np ren gee tee ee pA 
A etitig Ma VOme lis ir nada ohice Bee cae tomes eis kn ee 10 
Contingent, fund 2.225 oe Laie AaB nce verse een ana nee kre ata, 12 
No’ veto “power acto. he hep Se Fe as cee eg 16 
Must sign: ordinancesss ccs eects ee ee eee en are 16 
Must-publish ordinances ‘and: resolutions2 2.2 0s eee ee 19 
Member ‘of. all-city hoards: 0c 28 eee a 9 
Ex-officio member of Fire, Police, Health and Civil Sane Boards: 233720 
Mortgage office building, use of by American Legion................022.00000002-2-22---- 46 
Municipal - districts ste ee eee ed, ee 8 
Notary; appointment. and. fees. 5c osc ee een ee ee 17 
Rewmioval 225 cee eect ono sac dante Sin Beare en se aks Sn ee eg 18 
Nuisances, suppression, of. 22-2. ea ee re ee ee 12 
Office OUTS Ase esa eae chen case ae oe nee Ns ee ee oer 45 
Officials fourrmall exis 8 0 eee gun see apg Seco eee Se i 19 
Officers; assignment :to. dutiés.sic- 7... os eet 10 
A ppointive ae ee acta ee cece tee teh ais od ea LT ke 
Removal topes oon vce oe le eats te date ee cee ee Lore ea 
Signatures... SRS Rn ok acces) ad in ieee eee Ne a ae oe 18 
Deputies 2c 2, eects Ss Wp oc ered ca ot preterit sah he ee 18 
Dual office, cextra “compensation3 20s... cas cts ee 44, 45 
Interest In’ eontracts:... 5322.1 sso ev ee eee ee 
Cannot be surety for city employee or contractor.............22..--200-------- x ay 44 
Attendance o: duties..2 250 2k sya eee a ee 45 
What officer acts when former office changed or abolished..................... 49 
See also Mayor, and Commission Councilmen 
Order, preservation, OF. ccnscc, sc snbey canbe Ope recetiaenos kee See Ate ne 11 
Ordinances,” enforcement» Of, 22s i222 wseaeeesevandacss cles cee een 9 
Adoption: and <codificationi2<.0 5. 2 eee awe eee ee 16 
Publica tore yoc sic, os cy serccadeatte Wi megecanccbrnc weaned: ie ne a em 19 
Ordinances: granting franchises; 5: se. 2.20 ee 22 
Ordinances providing for public Services:..-..--.0-.:.ssccceccccedeseececceccecesee-uee FRR 2 
When become effective. Hee Bee ee. eee, ee 25 
Oyster.shops, regulation:of..-cc.34= i ee ee ee ee 12 
Parks (see. also:\Public: Places). 8 3S ec ee ee LF 
PASSES: -accnnnesbessnaeatonrenyteadtancnencataotee. COOLS eRe SO, a cr ee ee 44 


Sy ae 


INDEX—Continued 


Page 
es GEST Co eats Sc SET EE oe Cor eon aie a” Serene meen eT ann Sans Seve 29 
UM POR TNO anon ncg nice ntinnun scien ans Lace N vo ctess Sena satiriemsinatiichai aor dl 
a Se tes Src cbentebananaptoeasnuedadd coesdunencuseosdecedh cide 32 
SRO LI TIEN CIO) laetns thn cd emnqnnrhsvecnnsensenonnseng=baewonansenensntreangaitevenngeleneetecteansp? 32, 33 
RTT] VOL ARIEE UOTE IOCHE Vo ATTICIOS oi. 5 oce-pnanceosnesconongenncdtudsnenpeyeasboatunenteadupstbnn 33 
ULL ee a gta stn a 5 ce nde oth Sp cnn nr dasnd bn atstce ver wl pwopDaanapneteehon 33 
EEG Yo a senescence ane esaigw svn as an omkee fade Sven sud Sama p seat banselt sani B4 
Br) Che Ot CD A eo ss ce a mst way noateSctghh Sy nardorgnapeneiteann fohpap pag eb hegre eae! 34 
SPRL PM tetrIT Oe LEATICUISG PPA TILCOS oc 8 oo on on yen nats Savnnteandnctnnntndoanctnenlc athavibesantss 36 
RES (0 Sn We Loa Le SER LES Pe nS ae Oe OL Mate Feel EM 37 
Pein LEE SUN oede Rs SAS 60 SRS ERS Sees Menon rod Sommer tiene is rrr emAn PS ny 2 37 
mr mem AY CELIO 2h COS te cates tote ane cn lee yoe en cnbak Cohan danen ose ctire bend a Deepnnan aenseverreabigness 38, 41 
Vuh UEC Take ba Ui gt AS ene apes OMAR RS Py Ton aed 40 
eT re Oe CURT YN LO Nate Ngoc an nanhagn nascent -Zacdnneos nos napapiieb oa easnne aint yeahs Al 
Pa a eh EAE) Dea aoc cc nn oe anc a emre nas dg oem ae nas vngead oan eae brasmeg shinies sas 1] 
ig Pg SoCs et galore ks ean aS eine RA ReneS irae ate ont e we 21 
aera TCE EN ens CL OL oper am. Se caane c's ono Mecciacs ocean sensheunesdunctbnactateeetsaerete ue 12 
leptin BOOTIE Lg LACES ) ooo aon 8s sooo lao: oo canada ngtn car vas agen on deen eee ily; 
Orr EO aE EON ar 1k Brg rete cero 8 are ce wngeem met Sona eA rn bap adhewed opvsapseaapiveceaedess Lene 20 
BCA PRED SELL ON A Ae de epg an oc ce 2 neces en insect onan ss aamoduasvemnesers 17, 20 
OLE RGSS UES Tay Da a8 gestae i re Oe arr enn MOe prea sta 
ae LO ATI ES LC UG a ch cee cos 2b oo iva oS eau cpap deans dne ne secant eee 22 
eer ELA UGE ER OD reer oe soi ots rey Sana deena ewcinn gun norny an by panavecse epee Re 11 
NLS RT) GEL GcW yt ative ir) 4 ee pene ae Seeger Mee emer eey a se, ep seanee ween sn G hcp ana 48 
ET et OTT RCO ALAOMIEO Le OUSOS 9a o555 inion sno sos nnneecactpwnscndpeewnsectives cai teantpwaedat ris 
Bare CRITI Oh BOT CITA DCOS GUC eee cece ooo ack lave wes towtan sna begebcanenneeho seeder enieeeaee 19 
Public improvements, patented and proprietary articles.......0020002000200000.... 23 
MEEPTAUIL Vt CLO OCd We eR SITIO GS oo ood ot aenaacenctasnaene dascusnna cases aetna eee 47 
aE EETETI YO VOU Ge COL UIC CC oy coals nn 2. Ba ciicsvaneseosecs <poonseteeveteyscmmmtueat 12, 52 
Pe eer CCS OR UTI CE LOT LES ILG UI o2 on  oc aascnen ds ocho candnen pone eo AeaaL oracle 3 12 
Dre (UPR g Cg jel ee ant oI ae ee esas cbc. LTS ore dama 13 
SES ae UEP PoE Ds 0 To ee eR oy MaRS By My 22 
Paving charges relating’ to............1............-.-. soon Rie ieteecast eaeaner etna eden Seats 37 
Public property, sale and change of destination............22.....0...ceeeeceeeteeeeeoeeeeeees 13 
Pee cig giles og fates ts iit 6.2: Re Re let a ai een 2 eee 17 
BUG aT AE eBOrVICO. 2. oo oh J ee eek rae east 14 
Public Utilities, regulation of rates and service...................: AS een eee. ee 14 
Public Works, patented and proprietary articles........2.2..2...2201.eecceeceeeeeeeeeee eee 23 
Ree ee RC cre erp emerge oe oc a Be ee ee ee era ed 22 
ReEGoruerer ANG HeCOMmier sme UUEL Gi. kos, 8: c.ca5- oe oe etenay cen ti ecaee tee en 20 
Pe Wajoteyraymeaterey ce ale SEE a Ter Sat fds eRe, Ge et ee oie Ue eee aE iby 
A DPGMTMEN tamiices a heake OLOCLOL ICS oo fy sconces en a a an pen vos 17 
BeerOTONCUINY Of mOL Otis OG CR teste chet fcc. cnc ccoy= Los pcnce cat pc tenratgaton th ploaat de eectete cots vege 25 
SUPE LOVICH © DO Were CERO OLIB ITS foes so Seen S nk veces eed ge een a 14 
CP TAGAULV G6 CLE IC Des ee once 2 ok nnn 2 echt ase hd awe 
TCR UTE Cher pc Re as pawn teen onset ops coos dns aapenete asec Sassy aeoes 28, 58 
Resolutions, see Ordinances 
Pee Setar ey kas fa) DE Vee Se RE De ome eM. CN, Ate 27 
See VEL GLI Fog ae Sear ee INE 6 Cy Co crus 2 on wtind es casio as alice dare ucteendeee ia povcasin 55, 60 
Fea ere mmm COCULN fF cs CATT CP em oo Ea ccs deena seeds bade sect wNoealns deeds hrtones boc cadgoninn 12 
Railroads, use of streets, conductors, CYroSSing’S.................cccccccccccceeseeeceeseeceeeeeeee 14 
eh SOE CAS ado ih Oo fay Oe: \ td de a ee Sh So oS RE 14 


See street railroads 
ae ne ERE CL OLD oon eR rs a rh da chen sone ar reoees dio~ vawaee ad Sealand Thien 14 


a 


Ng 
INDEX—Continued Be 
Page 
Sale of city property, streets, Cb... nn cnle--scceeene--sccesecennanenassecscensussenadanatpasene 9, 45 | 
Saloons, regulation of.........-----------:-:1-s:-nesceeeeeteeeetenceteeette oe see een iia» | Maer 13 ee 
Sanitation,.. regnlations..ta: SeCUre einen Eanes ee gk 12 ee 
Schedule provisions of: Charter ..:..:.2...:1-c. cece eeeetedenenbeenencte renee cee steneeneseaeensnastaienns <4 45 | 
Schools oe al es oon age ee 12, 58, 59 ee 
Limitation of powers’ of School Boardbic.. uke. tees 59 
Annual budget to be submitted to Commission Council 
Security of. gity in judicial proceedings [eee eee eee eeenriees ee 
Sidewalks, sale and change of destimationi oie once ine careers nn esos 
Cleaning and. repair | Of cp 0.2.32 ncsbeseeneaemnnes as eoarayeus pie aues aeeaa mae cence 
Repair and -maintemance:....i:..2-.-tse.secaetesee enscse-opeteessab yee cee ete eet 
Paving (. Ve) sicecescceeesesi-ocabanese caper colmeted ee tamee cele dete keene ecg aaa nae ene 
“Signatures of officials ie. c neces ot pest yee emeeeen tenet reno aaa eee 
Slaughter houses, regulation Of.0.....2. 0A ones aicsanceenspiet tates ee 
Soap factories, regulation Of: 2 -i cece tine ctectecs nero ce ase Seana eae mars nee 
Stables, régulation ) Ofcii.2.fpoeccces odie eres rar ne adele ce ee ae | 
Street railroads, regulation of rates and S€YVICE............2..22-:ccc-00ccceeeeeeeecteneeeeees 
Privileges*to Use streetsii..!)... 2s es ac ey pene cement eae er anes se ee 
Obligations, accounts, reports, -@UCi..iic oon nil ieeenresanneneresenetpenecte pee: aren 
Percentage payable \60 :CItY .2..2..28s02002 oases ncabes nconseaes oyeret tp ane ee 
Streets, obstruction, cleaning, lighting ccc... 22st eset eeeee ee 
Opening, widening, ete. 0) Lae ck ean cect eae mete 
Sale and change of-destinatiorien. e222 tere eee cectes cer epee ee 
Grade ¥.2 ce a a a re ak 
Use of by: railroads, : ete: (22 Oh ie, oes Easel. cleo nea tath ebm e ea anes omen 
Under jurisdiction of Commissioner of Public Property..................-......2. 

Paving, repair, maintenance! skeen ae ea ee 
Subdivision, ‘alteration,’ ete. 2.441 Als ie 2 
Superintendent of Police. ..c2 i220. sceanctecseceraeereonceangeerbeebeaneape pr aedt: cetne ncaa tel emma 17,20 §& 

Superintendent /of Public Healtha) 50202. o sete hse ee 1g 73 
Suspicious characters, expulsion from. Clby..../........-.--cn-ce-tepeernenreeeteesereretersorsneete 14 
Swindlers: sis.ccsccs scsceboHbe ys o hdr a a Eg 14 
Tallow factories, regulation of... 22 go2-8 1.2 11} 
Taverns, Teg ulatiOn Ob esse coc i ee BS he 2 13. 
Taxes, levying Of 4.::.-.-002020-c02-2..2--stpeneseo Apa Re ROE APE TE e--- el reno eB eaten aero en ee oT 
Anticipating collection of: crm mere seekers eects ene eae 55,56 ga 
Rate of property taxation... oe enapeae 57, 58 ve 
Theaters, regulation. of... 2........ 122022 eS ee 13 & 
TYEASULCY  o.ceninne eee eee Boe otter de alpaina nds os a oaebdtens as gh P-bit ephedrine Pee a 16 . 
Treasury, drawing money, Troms yap. capers ert ee oe ey ee 55. 
Utilities, lease of utilities to become public on terms...2...20 2c. cieeeeeeeeeeeeeeee eee a 
(See also Public Utilities) 
Vacancy, in office of Mayor or Councilman......_....2... 0 11 
In appointive, offices s... 2.5. See eh pis aan can ats Set eer 18 
Vaults, sanitation?! Of asc5.sscccgt eee renee ese oes caret se eae eae roe 11 
Wards °c ee ee ee Soe a ais ee A, 
Warranty, when city may. call in warranty. c.22.2- ten 47 
Water works! 0h. or ae SeoaDhceka ews gast i. - 545 dos ean, 14 
Weeéds; cutting of.:0t sa ot 14 
Wharves, obstruction’ and. Jdighting 215) o eee a ee ee 12 
Witnesses, summoning before. council....../--.40-2... 2. fee A er eS. 11m 
Wooden: buildings J2i0u05. Ue ee ee eo ee Oe 13: 
Yards, sanitation. of..0.cccciciscik ices eeicseean sand dbepatete onsen ads) eco kmbaaemenerenraaae 2 ROP Age ode ae 11 


